[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[Senate]
[Pages S13952-S13981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FARM, NUTRITION, AND BIOENERGY ACT OF 2007--Continued
The PRESIDING OFFICER. Who seeks recognition?
The Senator from Georgia.
Mr. CHAMBLISS. What is the status of the Senate?
The PRESIDING OFFICER. Amendments submitted to the bill.
Mr. CHAMBLISS. I am sorry?
The PRESIDING OFFICER. Amendments are pending to the bill.
Mr. CHAMBLISS. I ask unanimous consent that three speakers--Senator
Salazar for 20 minutes, Alexander for 15 minutes, and Dorgan 20
minutes--go in that order.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Colorado is recognized for 20 minutes.
Mr. SALAZAR. Mr. President, I rise in strong support of the 2007 farm
bill. Before I go to the specifics of the bill, I wish to acknowledge
those who have worked so hard in getting us where we are today.
This has been a huge undertaking spread out over several years,
starting under the leadership of Senator Chambliss and his work in the
Agriculture Committee. The hearings he held around the country, the
hearings he held in the West and the Southeast, all over, contributed
greatly to the bipartisan product that is before the Senate today. In
addition, the leadership of our chairman, Senator Harkin, a man from
farm country whose heart and soul are about making sure agriculture and
rural America thrive--his leadership and the help of his staff in
getting us to this point today is something we all must acknowledge and
something for which I am grateful and something for which the farmers
and ranchers in rural Colorado are grateful.
I also acknowledge both Senators Baucus and Grassley and their
leadership on the Finance Committee. The energy and specialty crops and
conservation pieces of the farm bill have been significantly enhanced
by the actions taken by the members of the Finance Committee. Without
the leadership and bipartisan example of Senator Baucus and Senator
Grassley, we would not be where we are today.
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It goes without saying that even though there are many laudatory
comments given to the chairman and ranking member of both the
Agriculture and Finance Committees, there are working on both of those
committees many other Members of the Senate who have helped craft what
I believe is one of the most historic pieces of legislation to come
before this body. It will open a new chapter for agriculture and rural
America, a product of which I am very proud.
I also thank the agricultural leaders in my State of Colorado who
have been so helpful to me over the last 2\1/2\ years as we have helped
craft the farm bill before the Senate: Commissioner John Stup, the
commissioner of Colorado's Department of Agriculture; Kent Peppler and
Lee Swensen with the Rocky Mountain Farmers Union; Alan Foutz and Troy
Bredekamp, leaders of the Colorado Farm Bureau; Nick Midcap, Darrell
Hannavan, and Dusty Tallman, who have labored so hard on this bill, who
are with the Colorado Wheat Growers Association; Byron Weathers and
Mark Sponslor, leaders of the Colorado Corn Growers Association; Terry
Frankhauser with the Colorado Cattlemen's Association; Scott Johnson
and Bill Hammerich with the Colorado Livestock Association; and from
the Independent Cattlemen of Colorado, Doug Zalesky, John Reid, and
Reid and Kathleen Kelly. I thank Gregg Yando with the Colorado Dairy
Farmers of America, Jim Ehrlich with the Colorado Potato Administrative
Council, and a host of other Colorado people who have been instrumental
in our efforts in moving this bill forward.
This legislation is truly a bipartisan, forward-thinking, balanced
package. It is truly the example of how this Senate ought to work,
bringing Democrats and Republicans together on what is a major issue.
The effort of Senator Reid, the majority leader, to get us to a point
where we will reach conclusion on this bill is something I appreciate.
This is, after all, the farm bill. We ought not be debating the great
issues of our time, whether those be Iraq or immigration or issues
having to do with Latin America, issues that are extraneous, on this
legislation. Senator Reid's effort to make sure what we are doing is to
keep the focus of this bill on agriculture and rural America and the
substantive components of the farm bill is important. I hope my
colleagues on both sides of the aisle, Republicans and Democrats, will
say: Yes, we have to get a process that gets us to conclusion on the
farm bill.
Today is a particularly proud day for me. The occupant of the chair
was very involved in helping me understand the importance of becoming a
Senator. For that, I will always be appreciative. I still remember that
in my maiden speech on the floor more than 2 years ago, I spoke about
the possibilities and the promise that America's small towns and rural
communities offer for a country that is in need of clean renewable
energy, a secure food supply, and responsible stewardship of our land
and our water. Unfortunately, for too long Washington has overlooked
the opportunities rural America can provide and, through a policy of
neglect and disinterest, has allowed small towns and rural communities
across the country to wither on the vine.
This legislation will change that course of neglect. The bill before
us will bring new life and energy to rural America. It will do so in a
number of different ways. It will do so through a set of smart
investments that help farmers and ranchers and business men and women
build a clean energy economy that has its roots in the fields of
America's farmers and ranchers. It lays the infrastructure for rural
broadband and microbusiness loans for accelerated economic development
in rural areas. It creates incentives for the wise stewardship of land
and water--practices from which we can all benefit. It puts money into
nutrition programs that take on the scourge of hunger and allow low-
income children to learn in our schools. It helps bring balance and
certainty to the agricultural markets so that Americans can continue to
enjoy a healthy and secure food supply. It does all of this while
closing loopholes that have allowed Federal dollars to end up in the
hands of people who should not have been eligible for assistance in the
first place. It is a smart and fiscally responsible bill.
I grew up on a ranch in the San Luis Valley a few miles north of the
Colorado-New Mexico border. My family has farmed and ranched that same
land for five generations. For much of my life, I spent long days in
the fields with my family tending to the cattle, baling hay, and fixing
fences. It was hard work, and my hands are permanently calloused from
nearly three decades of work on that ranch. But from that work, we
always knew we loved our ranch, our land and water, and our way of
life. To be a farmer or a rancher is a hard life, let there be no
mistake about that. While the rest of the world might go home at 5
o'clock in the afternoon, for those who are working the farms and the
ranches, you don't go home until probably half an hour after the sun
sets at 9 o'clock. It is very hard work.
My parents always said that they could not give us--my seven brothers
and sisters--material riches, but they could teach us values that come
from work, family, and faith. These are the values one finds in rural
communities across America. These are the priceless and timeless values
that built this country. In 1787, Thomas Jefferson sent a letter to
George Washington in which he talked about the role of the farmer in a
young democracy. Thomas Jefferson said: ``Agriculture . . . is our
wisest pursuit because it will in the end contribute most to real
wealth, good morals and happiness.''
Those of us who have had the privilege of growing up on a farm or a
ranch or of visiting some farms and spending time with America's
producers can appreciate how important agriculture and our rural
communities are. Unfortunately, in the coming days this bill will be
criticized by some in the media, by some Members in this Chamber, and
others for being too favorable to farmers, for putting too much money
into conservation programs, for supporting rural development
initiatives, or for making too many investments in biofuels production.
In short, critics will ask why Federal dollars should go into programs
that on the surface only appear to benefit rural communities. They are
wrong. The answer is very simple: The health of our farms, ranches, and
our rural communities is vital to American prosperity. Everyone
benefits from a strong and smart farm bill. The farmer in eastern
Colorado, the third grader eating fresh fruits and vegetables at lunch,
and the mother who wants us to reduce our dependence on foreign oil all
gain from a strong and balanced farm bill.
I wish to take a few moments to walk through the bill and explain why
it is so important for farmers, for children, and for all Americans
that the Senate pass this bill.
Since being elected to the Senate in 2004, I have often spoken about
how Washington's policies in recent years have been blind to the needs
of rural Americans. More than half of the counties in America are
rural. In my State of Colorado, 44 of the 64 counties are rural. In my
view, Washington's neglect of rural America has made rural America a
forgotten America. Businesses on main streets in many towns and
villages across my State have been boarded up. FSA offices have been
closed or attempted to be closed, including the very recent actions of
the U.S. Department of Agriculture. Family farmers are having to sell
their land after years of drought. To see Washington's neglect of our
rural communities is disheartening, when we know how much possibility
and promise rural America holds. With modest investments, rural America
can be the engine of a clean energy economy, fueling an alternative
energy revolution that capitalizes on the hard work, productivity, and
entrepreneurship of farmers and ranchers.
This is why I am so pleased that the 2007 farm bill makes such wise
investments in rural development. The bill provides $355 million for
rural development. These investments will enable entrepreneurs in rural
communities to leverage microenterprise loans to build their
businesses. They will help health care providers provide access to
underserved rural communities. They will help get broadband Internet
access into small towns. Broadband access is to rural communities in
the 21st century what highways were in the 20th century and railroads
were in the 19th century. It is the infrastructure that is essential to
economic development. The $26 million in this bill for broadband
[[Page S13954]]
will help close the digital divide that is preventing rural businesses
and entrepreneurs from fully participating in the global economy.
Second, this bill includes an energy title that opens up a new
chapter of opportunity for rural America. In the 2005 Energy Policy Act
and in the Energy bill we passed earlier this year, we planted the
seeds for a renewable energy revolution so that we can reduce our very
dangerous dependence on foreign oil. The farm bill takes the next step,
helping farmers and ranchers take advantage of new energy technologies
that have been developed in places such as the National Renewable
Energy Laboratory in Golden, CO. With the $1.3 billion this bill
devotes to energy programs, farmers will be able to apply for grants to
develop biorefineries and to improve the handling, harvest, transport,
and storage of feedstocks for biofuels. The bill includes tax credits
for small wind turbines and cellulosic biofuel production. It
stimulates research into the methods and technologies that will allow
the most productive land in the world to provide more and more of our
energy. Our farmers and ranchers want to be a part of the solution to
our addiction to foreign oil. They want to help reduce the amount of
oil we import while helping stimulate a clean energy economy that is
built on innovation, technology, and taking advantage of the production
capabilities of rural America.
This energy title is a win-win for our rural communities. It is my
hope that with this energy title in the farm bill, together with the
other energy legislation we have adopted in the Senate and in
committee, the vision Senator Grassley and I had with respect to the 25
by 2025 resolution will help us grow our way to energy independence,
because the 25 by 2025 resolution recognizes at its heart that we in
America can grow 25 percent of our energy from renewable energy
resources by the year 2025. This farm bill takes us a significant way
down that road.
The third aspect of the legislation I want to emphasize is the
conservation title. Farmers and ranchers are some of the best stewards
of our land and water. We need a farm bill that recognizes and
encourages the good stewardship practices from which we all benefit.
To understand why the conservation programs in the farm bill are so
important--and to understand how we will all benefit from them--just
visit one of the ranches along the Yampa River in northwest Colorado.
You quickly see the ranchers there do not simply put high-quality,
grassfed beef on our dinner table. They guard the open spaces that draw
sightseers and recreationalists from all around the world. They protect
the clean water that comes to our homes. They provide habitat for fish
and game, bringing millions of dollars in revenue from fishing and
hunting into our State.
Unfortunately, you cannot find a price on the Chicago Mercantile
Exchange for these values in clean water, clean air, habitat, and open
space dividends that ranchland and farmland provide to America. And if
a ranch goes under or is developed, we lose the conservation value that
farms and ranches provide.
So how do we address this challenge? How do we address this challenge
in this bill? We do it through existing, effective programs that reward
farmers and ranchers for the conservation practices from which we all
benefit.
Thanks to Chairman Harkin's leadership, the 2007 farm bill is the
greenest farm bill in the history of America. It reauthorizes highly
successful conservation programs such as the Environmental Quality
Incentives Program, EQIP, and the Conservation Reserve Program, CRP.
The bill reauthorizes EQIP, which provides cost-share funding and
technical assistance to producers so they can address environmental
issues on their lands. In Colorado, we receive around $30 million to
$40 million a year for projects that, for example, reduce water waste,
improve water quality or provide fencing that keeps livestock out of
sensitive areas.
The bill also reauthorizes the Conservation Reserve Program, which
helps producers retire and restore agricultural land that, if taken out
of production, would provide significant environmental benefits. In
Colorado alone, we have around 2.3 million acres enrolled in CRP for
purposes ranging from erosion control and habitat preservation to
improving water use. The reauthorization in this bill will allow us to
continue to make these wise investments in stewardship.
Mr. President, a parliamentary inquiry: How much time do I have?
The PRESIDING OFFICER. The Senator has 2 minutes 45 seconds.
Mr. SALAZAR. Mr. President, if my colleague from Tennessee will allow
me, I ask unanimous consent for an additional 5 minutes to get through
the conclusion of my speech.
The PRESIDING OFFICER. Is there objection?
Mr. ALEXANDER. No objection.
The PRESIDING OFFICER. Without objection, the Senator is recognized
for an additional 5 minutes.
Mr. SALAZAR. Mr. President, I thank my colleague and friend and
comrade from Tennessee.
Beyond the conservation programs which are so much at the heart of
this legislation, we also know that at the heart of this legislation is
the food security of our country and the nutrition title.
In addition to the rural development, energy production, and
conservation practices in this bill, the 2007 farm bill helps ensure
the continued production of safe, healthy food right here at home.
Since our founding, agriculture has been indispensable to our economy
and our prosperity. Corn, tobacco, and cotton helped fund the
Revolution and the organization of our young States. The promise of
free land brought millions of new settlers to the West where they
planted wheat, raised cattle, and cultivated the earth. The
productivity of our farms sustained the war effort as we defeated the
Fascists and Nazis, helped rebuild Europe and Japan, and liberated the
world. Now, as we search for new ways to power our economy, our farms
and ranches offer new promise for a new, clean energy economy.
Growing up on a ranch in the San Luis Valley taught me how tough it
is to make a living off the land. You work sunup to sundown all year, 7
days a week, to raise a good crop or a healthy herd, and then, without
anything you can do to prevent it, a hailstorm, disease, drought, or
flooding can wipe it all away in a moment's notice. When you do have a
bumper crop, you sometimes find everyone else has had a bumper crop
that year too. As a result, prices fall and you actually sometimes do
worse.
The bill that is before us helps producers and, therefore, helps all
of us by bringing some level of certainty and structure to agricultural
markets. We cannot and should not take the risk out of our farming
and ranching--it is a tough business however you cut it--but we can
help make the very bad years a little less painful in rural America.
The little bit of uncertainty that favorable loan rates or a
countercyclical program can provide is often the difference between
whether a family loses the farm or keeps the farm.
Why, some may ask, should we care about whether a family is able to
stay on their farm? Why should we care? For many years--from my days as
attorney general to my days in the Senate--I have always had a sign on
my desk that says: ``No Farms, No Food.'' To me, that statement tells
the story about the importance of food security for our country.
The fresh fruits, grain, meats, and vegetables that come from our
farms and ranches are essential to public health, reducing hunger, and
ensuring that Americans can always find affordable, safe food at their
grocery store.
A great example of how the bill benefits both producers and consumers
is the Fresh Fruit and Vegetable Program, championed by Chairman
Harkin, which provides fruits and vegetables to schoolchildren across
all of America. We are expanding this program now so it covers all 50
States, up from the 14 States that have been covered by this program in
the past. For me and my constituents in Colorado, it means that 80,000
children are going to get fresh fruits and vegetables in their school
lunches. This will reduce childhood obesity, increase productivity in
school, and teach habits for a healthy lifestyle.
I want to speak briefly about some farm bill reform measures that are
included in the bill.
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Although we all benefit from smart investments in programs that help
provide stability and certainty for producers, we also must be wary of
waste and abuse. The 2002 farm bill was not perfect, and I am pleased
the Agriculture Committee took this year's reauthorization as an
opportunity to address its shortcomings.
Our bill, for example, includes significant reforms on how we deal
with payment limits. USDA payments must now be attributed to an actual
person--a real live person, one who breathes and walks and works the
soil--as opposed to some amorphous entity. Previously, individuals were
finding ways to collect payments from up to three different operations
under the so-called three-entity rule. We have abolished that in this
farm bill.
The 2002 farm bill also left open several loopholes that have allowed
farm bill dollars to go to nonfarmers for land that is no longer in
agriculture. I am proud to have worked with my colleague from Nebraska,
Senator Ben Nelson, on language incorporated into the legislation that
stops this waste. Our language prohibits the distribution of commodity
support payments for land that has been subdivided for houses or
transferred to other nonagricultural uses. This is an important fix.
So is our reform to how Washington deals with agricultural disasters
equally important. From time to time, farmers and ranchers get hit by
droughts, floods, or tornadoes that wipe away their crop. It happened
to us in Colorado last winter in the southeastern part of our State,
where a blizzard buried whole herds of livestock. Our producers lost
thousands of head of cattle out in southeastern Colorado.
How did Washington respond to that agricultural disaster? Washington
responded in its own typical fashion: USDA declares it a disaster.
Congress scrambles to find emergency funding. The bill gets stalled,
and then farmers and ranchers have to wait 2, 3, 4 years before they
get any kind of relief.
What is wrong with this picture? First, we are not delivering
disaster assistance efficiently. Second, we should not be relying on
emergency spending to provide disaster assistance. We need to put these
expenditures back on the books.
Mr. President, I ask unanimous consent to have 3 more minutes to
finish my statement.
The PRESIDING OFFICER. Is there objection?
Hearing none, it is so ordered. The Senator is recognized for 3
additional minutes.
Mr. SALAZAR. On disaster assistance and the importance of us creating
a permanent disaster assistance fund, first, we are not delivering
disaster assistance efficiently to date. Secondly, we should not be
relying on emergency spending to provide disaster assistance. We need
to put these expenditures back on the books. Congress has passed 23--
23--ad hoc disaster assistance bills since 1988. That is 23 since 1988.
Although I am supportive of this emergency assistance and have helped
push this emergency disaster assistance forward in the last 2\1/2\
years, I believe we need to create a system for disaster aid that will
respond more efficiently and promptly to the needs of our ranchers and
farmers.
What we have done on this bill--thanks to the leadership of Chairman
Baucus and Ranking Member Grassley on the Finance Committee--is to
create a permanent trust fund for disaster assistance. This will allow
us to maintain discipline and high standards for determining when to
pay out disaster funds, and it will allow producers to get help more
quickly. It is a sensible and fiscally responsible solution.
The American farmer has always been an engine for prosperity and
opportunity in America. Through revolution, western settlement,
depression, and world wars, the men and women who work our lands have
always been there to lead us through the next great challenge that
faces our country. Today, we are faced with a new challenge--that of
building a clean energy economy for the 21st century--and we need the
help of our farmers and ranchers to get us there.
Our national security, our economic security, and our environmental
security all demand that we grow our way toward energy independence. It
is an imperative, but it is also a great opportunity for our Nation.
The country that successfully replaces its imports of foreign oil
with clean, homegrown energy will reap competitive and technological
advantages that will keep it out in front of the rest of the world for
decades to come. We can play a part in this new economy, but the
productivity and ingenuity of rural America is our greatest untapped
resource in our quest to reduce our dependence on foreign oil.
I am excited about this bill, with its investments in rural
development, energy technology, and wise stewardship. It taps the great
resource of rural America while strengthening our ability to produce
clean, safe, and affordable food.
This bill represents the best type of work we can do in the Senate--
cooperative, bipartisan work that is focused on creating new
opportunities for our country.
I thank again the leadership of both the Agriculture and Finance
Committees for allowing us to move forward with this legislation and to
bring the legislation to the floor today.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, Senator Dorgan, by unanimous consent,
is to follow me. I ask unanimous consent that Senator Domenici be
recognized for up to 15 minutes, and then Senator Casey for up to 15
minutes, following the remarks of Senator Dorgan.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. ALEXANDER. Mr. President, I further ask unanimous consent that
the next Democratic speaker in order be Senator Stabenow.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. ALEXANDER. Mr. President, I further ask unanimous consent that,
although I may not need it, I be granted an additional 5 minutes for my
remarks to complete my speech, and that I be able to speak as in
morning business.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. ALEXANDER. Thank you, Mr. President.
Mr. President, would you please let me know when I have 2 minutes
remaining.
Mr. President, I first congratulate Senator Harkin and Senator
Chambliss for their work on the farm bill. I know we want to move
toward that as quickly as possible, and I look forward to a successful
conclusion of that legislation. But for the next few minutes, I wish to
speak on a different subject.
(The remarks of Mr. Alexander pertaining to the introduction of S.
2312 are printed in today's Record under ``Statements on Introduced
Bills and Joint Resolutions.'')
Mr. ALEXANDER. I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senator from
North Dakota is recognized for 20 minutes.
Mr. DORGAN. Mr. President, we are now debating the farm bill, and a
number of my colleagues have talked about the particular provisions of
the farm bill that is brought to us by the committee. I think the farm
bill is a pretty good bill and I certainly intend to support it and I
am pleased to be here to speak on it. I spoke last evening briefly. But
I wish to make a couple of comments about family farmers, generally,
before I talk about the bill and then also talk about the amendment
that I, along with Senator Grassley from Iowa, will be offering.
First, the issue of family farming is one that is not often discussed
because when people here talk about the farm bill, the agriculture
bill; they talk about the agricultural industry. Let me explain that my
interest in this is largely to try to keep a network of families living
out in the country under the yard lights, trying to raise food for a
hungry world.
These are family farms that exist because they are out there trying
to make a living, grow a crop, raise a family. They face all kinds of
challenges--challenges that most of us don't face. They plant a seed in
the ground, and they live on hope. They plant a seed and hope it grows.
They hope it rains.
[[Page S13956]]
They hope it doesn't rain too much to wash the seed out. Then they hope
they get a growing season that gives them a chance to raise a crop.
They hope it doesn't develop crop disease. They hope it doesn't hail
and destroy the crop. They hope they get to harvest with something
standing in the fields that they can, at that point, get off the field
and take to a grain elevator, and at that point they hope the price
will be decent. They don't know. If they survive all of those hopes and
get to the grain elevator with the grain and perhaps get a decent
price, maybe they make a decent living, but it is just as likely that
they don't. Those families live out there alone, taking all the risks.
I recall about a year and a half ago driving into a town called
Zeeland, ND, and meeting with a group of ranchers and farmers. They had
been through a devastating drought where everything was destroyed. It
looked like moonscape in the pastures driving into town. These ranchers
and farmers had owned livestock they already had to sell, because if
you don't have feed, you cannot keep them; they have to go to the
livestock market. So they talked about what they were trying to get
through, with no crops, no pasture, no capability to keep their cattle
and conditions that forced them to market. That is just one issue, the
drought. In that case, it was everything to them.
So what most farmers face in times where they don't have a
devastating drought or some other natural weather disaster, they face
economic circumstances that don't give them much of an opportunity
either. That is why we have a farm bill, a safety net, to try to help
farmers through tough times.
If you think about a farmer out there living under a yard light,
trying to plow the land, plant a seed, harvest a crop, and make a
living, here is what they face. When they order a load of gas to come
out to gas up their tractor and their combine and till their fields,
they discover the diesel fuel or gas is costing a fortune. They could
not help that, they had nothing to do with that, but they are paying a
fortune, as is the rest of the country, for this fuel they need.
The fertilizer prices are skyrocketing. If they are fortunate enough,
for example, to get a crop and get the crop to market someplace, they
have to find a foreign home for a fair amount of the crop, and they
have to pay the railroads. The railroads, as you know, overcharge, and
in my State the Public Service Commission estimates they are paying
$100 million a year more than they should. Farmers are bearing a
substantial portion of that.
So if they get their crops to the marketplace and to the county
elevator and ship it somewhere, if some of it goes into a grocery
manufacturing facility and comes out the other side, the farmer who
started up the tractor, plowed the field, planted a seed of corn, and
then hoped and was successful, got a stand of corn, cultivated the
corn, and then harvested the corn, and that seed of corn then went to a
grocery manufacturer--guess what. They then flake the corn and put it
in a box and call it cornflakes. It has a fancy logo on the front, and
they send it to the grocery store. They get more for flaking the corn
than the farmer does for driving the tractor, planting the seed, and
harvesting the corn. The fact is, they get more than the farmer does
for growing it. The same is true for puffed rice and wheat chex. You
rice it, puff it, flake it, you check it, and they get more than the
family farmer who had to grease the combine and the tractor, plow the
furrow, and plant the seed.
The farmer faces near monopolies in every single direction. If they
want to sell a cow, steer, or bull, guess what. They face a packers'
industry that is highly concentrated in every direction, the oil
industry, the rail industry, the big packers, and the grain industry.
In every direction, the family farmers living out there are struggling
and trying to make a living, trying to get along, when they are
surrounded by monopolies or near monopolies in economic circumstances
where it is pretty tough for them.
Yesterday, I talked a bit about value. Why do we care? I suppose you
could have corporations farming America from California to Maine, and
then we would not sing ``this land is your land, this land is my
land.'' I suppose we can produce America's foods that way. I think
family farmers--at least in my part of the country--produce more than
just food, they produce communities. They are the blood vessels that
flow into rural areas and communities. I mentioned yesterday that an
author named Critchfield once wrote a book about what this contributes,
and that is that family farmers are the seedbed of family values, and
that seedbed nurtures family values from family farms to small towns to
big cities.
Family farms are important to this country. We put together a farm
bill to try to provide a safety net because during the tough times,
when they reach a really tough patch--international price depressions
for commodities, disasters, natural disasters, all kinds of things that
confront family farmers in a disastrous way--we want to have a safety
net for them to get through tough times instead of getting washed out
every time there is a problem. The big corporations and agrifactories
have the financial strength to make it through tough times. We have put
together a farm program, called a safety net, to try to help family
farmers through difficult times.
I know some view this notion of family farming as some sentimental
journey back to yesteryear. A friend of mine named Chuck Suchy is a
singer and songwriter. He has a song, ``Saturday Night at the Bohemian
Hall,'' describing what it was like growing up on the farm and
gathering at the Bohemian Hall to swap stories and talk about the
weather and the crops.
The description I gave yesterday of what one of the writers in North
Dakota--a farmer and a rancher--who used to ask the question that needs
to be asked of this country, I think, is important. Rodney Nelson asked
the question, ``What is it worth?'' It is worth noting Rodney's
question. What is it worth for the country to have a kid who knows how
to pour cement? What is it worth for a kid to know how to drive a
tractor? What is it worth to know how to teach a newborn calf to suck
milk from a pail? What is it worth for a kid to know how to grease a
combine, drive a tractor, plant a field, work in the cold winter, and
work in the hot sunshine outdoors? What is all of that worth? Well, the
fact is that it is important, and it contributes to this country in
significant ways. In World War II, we sent millions of young people
from America's farms over to go fight. They could do anything, fix
anything, drive anything. They were unbelievably important to this
country. The only place you learn all those skills is on the family
farm in this country. That is why family farming is not just some
sentimental journey; it is a value system for the country.
Does this country care about families who live on farms? Do they care
about putting together a safety net for them? The answer should be yes.
This farm bill says yes, and I support it. I want to make it better.
Senator Grassley and I are going to offer an amendment that says if
we are going to do this--and we should--then let's provide reform with
respect to payment limits and really make the payment limits effective
so we are providing a safety net for family farmers, not a set of
golden arches for the largest corporate agrifactories in the country.
Let me read some of the records of farm payment recipients and
explain why it is necessary for us to have a payment limit. Senator
Grassley and I say, No. 1, there should be a payment limit of $250,000
per farm. No. 2, we say you ought to have to be involved in farming to
get a farm program benefit. That is not very radical.
I will read some of the payments. This comes from USDA information,
and this is for 3 crop years, 2003 through 2005. The Balmoral Farming
Partnership got $7.9 million. Phillips Farm in Mississippi got $5.9
million. Kelley Enterprises got $4.9 million. Walker Place got $4.6
million. Dublin Farms got $4.2 million. I could keep reading, but I
don't think I need to read a lot more. But take a look at what happened
with the farm program. Here is an example. In many ways, I am
reluctantly reading the names, but they are public, and if someone is
going to receive this funding and it is public information, it is
reasonable to use it as an example. Benton Farms, Tyler, AL, got $2.5
million. Haney Farms of Athens, AL, Horace Haney got $607,000, and
Shirley, Keith, and Matthew Haney each got $607,000. Combined, the
[[Page S13957]]
Haney family got $2.3 million. Pickens and Son Company got $4.3
million. The Storey family got $2.7 million. Ronald Storey got
$956,000, Hazel Storey got $932,000, Ben Storney got $478,000, Rebecca
Storey got $430,000--I could do this for a while as well. I have pages
of this. This is not a safety net for family farmers to get through
tough times. It has become much more than that. It has become lucrative
for big enterprises to farm the farm program and get paid millions of
dollars, and it is wrong.
Our amendment is reasonably simple. It says we should have a payment
limitation of $250,000, and you should have to be required to be
involved in farming in order to collect farm program benefits.
It is important to note that the Agriculture Committee made some
strides in this area as they brought the bill to the floor. They
eliminated the three-entity rule, which itself was a loophole that
needed to be closed. They provide for attribution, direct attribution,
so the payments are attributed to an individual. It is not as if the
Agriculture Committee didn't do anything. They did.
My colleague, Senator Salazar, talked about section 1105, and that
section is also something that can be helpful. My own view of section
1105 is that it doesn't solve the problem entirely. So the proposal
Senator Grassley and I offer will address this in a significant way.
I mentioned yesterday that, to give you an example of how far this
has gone--having nothing to do with farming--if you had base acres for
rice or other crops--for program crops--and have base acres on land
that hasn't been farmed for 20 years, has not produced a crop for 20
years, people who own that land but have never farmed in their life are
getting farm program payments on land that hasn't produced a crop in 20
years because it had a base acre in the mid to early 1980s. That makes
no sense to me. That is not about providing a safety net.
There is no stronger supporter of family farming in this Chamber than
myself, and I am sure others would say the same about their support for
family farming. But it seems to me we need to close these loopholes.
Why on earth would we have a production base, base acres, on land that
has, in many cases, nothing to do with farming?
I mentioned yesterday that down north of Houston, TX, they were
selling what are referred to as ``cowboy starter kits.'' You buy 10
acres, put a house on 1 acre, run a horse or cut hay on the other 9
acres, and you can get a farm program payment. The reason it is more
prevalent in rice is that the payment per acre is over a hundred
dollars an acre, as opposed to the other crops that are much less. Does
it pass the test of reasonableness anywhere for someone who has never
farmed to buy 10 acres someplace and get a farm program payment when
they are not farming the 10 acres and it hasn't grown anything for 20
years? That does not meet any test of anything.
We can close that loophole, but the more effective way to close this
is to say you can't get farm program payments unless you are actively
involved in farming. Should an arts patron in San Francisco get $2-plus
million? She is not a farmer. She just comes from a family who used to
have a farm, and she gets just over $2 million. We have, I think it is
300 or 400 people living in New York City, in that mountain of
concrete, who get farm program payments. We have people in Los Angeles,
CA, who don't set foot on a farm who get farm program payments. Does
that meet any test, or does somebody just not care about that and say:
We just want to give payments to make us all feel good.
I feel good when we give a payment to a family farmer as a safety net
payment to help them through troubled times. When prices are high and
the crops are bountiful, if you have a bumper crop and good prices, in
my judgment, you don't need the Government's help. With respect to the
large enterprises, if you want to farm three or four counties, God
bless you. I don't think the Federal Government has to be your banker.
You have every right to farm as much as you want.
Some people would say to me, and they have said: That discriminates
against the big operators, doesn't it? But I say: The purpose of the
farm program is to be a safety net to help the family farm get through
difficult times. They said: What is a family farm? Describe to me a
family because you can't describe it. I remind them of Michelangelo,
who said when asked how did he sculpt David, he said: I took a piece of
marble, and then I chipped away everything that wasn't David. We could
easily describe what most of us believe to be a family farm just by
chipping away what isn't.
Is it a family farm when you have huge corporate enterprises with
multiple family members getting $600,000, $700,000? Is that a family
operation? I don't think so. Huge corporations sucking millions of
dollars out of the farm program by farming the farm program? I don't
think that is what was intended.
If you are a reformer, if you believe in reform--and we talk a lot
about change and reform around here--in my judgment, one has to decide
to do the right thing on this issue, and the right thing is to limit
farm program payments to $250,000. That is a great deal of money. And
at the same time, we have provided the disaster title in this bill,
which I think is a significant improvement. Then decide, if you are
going to get farm program payments, you have to be actively involved in
farming.
We provide opportunities for people to get, for example, loans to go
to college, but we don't say to them: You can come and get your loan;
we don't care what you do with it. We will only give college loans to
those going to college. The same is true with a whole series of items.
We actually have a circumstance that we give farm program payments to
people who have never been on a farm and don't intend to be on a farm.
They just want to collect the farm program payments.
Even those who collect it think it is absurd. You can read the papers
and gauge the reaction of people who say: I don't understand this at
all. I bought 15 acres to build a house on, and I am getting farm
program payments. What on Earth is the Government doing? Even the
recipients scratch their heads and wonder what on Earth this is all
about.
I only ask that we, in a bipartisan way--and this amendment is
bipartisan--decide to join together to do real reform. I want to be
proud of this farm bill. I think Senator Harkin, my colleague, Senator
Conrad, Senator Chambliss, and others have done some good work, but it
can be improved upon by the passage of this amendment. It has a payment
limit, and that also provides that those who receive farm program
payments should be actively engaged in farming.
Some will think that is unbelievably radical. It is, of course, not
radical at all. It is just a significant investment in common sense. My
hope is that my colleagues will believe that is the right thing to do.
It is sad but true, this is a hungry world in which we live.
Passengers on this planet circle the Sun. There are about 6.4 billion
neighbors. We, through Divine Providence, ended up in this little space
called the United States of America. We are blessed. We have the
opportunity to have a wonderful lifestyle, standard, and scale of
living. We have the ability to produce a prodigious amount of food. But
even as I speak, a significant number of children have died in the last
10 minutes because they did not have enough to eat; 600 million to 700
million people go to bed in this world with an ache in their belly
because they didn't have enough to eat. Think of that: They didn't have
enough to eat. And we have economic all-stars called family farmers in
this country who produce substantial amounts of food, and some people
want them to believe somehow that is a liability. It is not. It is an
unbelievable asset that in many ways can contribute to stability and
world peace.
Even as we think through all of these issues about our contribution
to the world and about what we can do, it is important to think about
our contribution at home in terms of building the kind of country we
want. I want to see a country in the future that continues to have
people living on family farms, producing food for a hungry world, and
doing so in a way with, in effect, a partnership with the policymakers
who have decided to create a safety net to say: We think you are
important to this country's economy and this country's culture. For
that reason, we have
[[Page S13958]]
a farm safety net. And when you run into tough times, you are not going
to be alone. This country is going to have a safety net, and it is
going to help you through.
I conclude by saying we should not ever believe that family farming
is a liability. It is an enormous asset that contributes substantially
to the character and value system of this country. I hope this Chamber
will stand up for that value system. When we do, family farmers around
this country will begin to be able to think about spring planting once
again and begin next year with renewed hope.
I said yesterday, and I will say it again: You cannot be a family
farmer, you cannot live out alone under the yard lights unless you live
on a reservoir of hope. Everything is about hope for a better future,
and I think the farm bill, amended by our amendment, could give farmers
a substantial amount of renewed hope.
Madam President, I ask unanimous consent that the next two Democratic
speakers, after the previously ordered lineup, be Senator Baucus and
Senator Wyden, up to 15 minutes each; further, that in the previous
order, Senator Stabenow be recognized for up to 30 minutes and Senator
Craig for 30 minutes--sorry, Senator Isakson be recognized for up to 30
minutes and Senator Craig--let me try to get through this. I could say
it is the penmanship, but it is not. It is my interpretation--that
Senator Stabenow be recognized for up to 30 minutes, Senator Craig for
up to 30 minutes prior to Senator Isakson--Stabenow, I am sorry.
Madam President, if you have that straight, you are an unbelievable
presider. I will send it to you in written form.
The PRESIDING OFFICER (Mrs. McCaskill). Thank goodness. Without
objection, it is so ordered.
The Senator from Pennsylvania is recognized for 15 minutes.
Mr. CASEY. Madam President, I rise today, once again, to talk about a
threatened veto by the President of the United States. We spent many
weeks debating the Children's Health Insurance Program, months, really,
when you consider all the time. People worked very hard on both sides
of the aisle on children's health insurance. Yet despite all that work,
despite all that bipartisanship, despite all of the hours and the
energy that went into getting a bipartisan bill on children's health
insurance, we have the President of the United States vetoing that
legislation and threatening to veto it yet again.
Unfortunately, I stand today to talk about another threatened veto.
President Bush is threatening to veto the farm bill, which makes no
sense at all not only because of the work that went into this bill by
Republicans and Democrats in the Senate, that is reason enough for him
not to veto important legislation such as this, but I think it is even
graver than that. It is an even graver threat than talking about
vetoing legislation because when the President of the United States, if
he were to carry through on his threat to veto the farm bill, he is
vetoing a lot of provisions that he should not be coming out against
and fighting against. The President is vetoing a farm bill which does
so much for nutrition, just taking one example. We know the committee
this bill came out of is not just the Agriculture Committee, it is the
Agriculture, Nutrition, and Forestry Committee, and that word
``nutrition'' is critically important.
To give some examples of what this means for families across America,
here is what we are talking about when we talk about nutrition
programs. Of course, food stamps being a big part of that, I will go
through some of the elements of that program in a moment, the Fruit and
Vegetable Snack Program, No. 2; No. 3, the Emergency Food Assistance
Program, known in Washington by the acronym TEFAP--all of these
programs provide children and families who would otherwise go hungry
with food.
The farm bill reauthorizes those programs, a Washington word
``reauthorize'' for telling us we are going to fund them again.
Finally, the overall title, the section of the bill that is entitled
``Nutrition,'' that title provides over $4 billion over 5 years to help
on these important priorities.
So what are we talking about with food stamps? A couple of points.
While the rest of the world received an increase in wages or an
increase in purchasing power in parts of our Government and economy, a
lot of people on food stamps were left behind the last couple of years.
What are we talking about? We are talking about a couple of changes
that make a lot of sense. No. 1, ending benefit erosion, and the
increases we provide in this farm bill will increase the purchasing
power for families who benefit from food stamps.
No. 2, deducting the cost of childcare from program eligibility. That
shouldn't be part of eligibility, a necessity such as childcare for
working families and poor families across America. They shouldn't have
to factor in childcare costs. That is a mistake, and we have changed
that. Thank goodness.
No. 3, protecting family investments in prepaid college funds and
retirement savings. Again, when a family's income is being evaluated
for eligibility, we should not include prepaid college funds.
No. 4, increasing purchasing power for fruits and vegetables with a
new pilot program. At long last--and I say this not just because
Pennsylvania will do well, and I am happy to say we have a part of the
farm bill that speaks directly to so-called speciality crops, of which
fruit and vegetables are a big part of the economy of Pennsylvania and
America, but this is particularly important for poor families and for
children. They should have every opportunity we can provide to have the
benefit of getting fresh fruits and vegetables. It is a great idea.
Along those lines is an actual program, the Fruit and Vegetable
Program. We are committing over $1 billion over 5 years to this
important program. It expands the already-existing program so schools
in every single State can participate. Does it cover every school in
every school district? No; there is not enough money to do that. But it
does expand that program so at least some schools in every State can
participate.
Finally, the Fruit and Vegetable Program targets the program to focus
on hungry children to give them the healthy foods they need the most.
After food stamps and the Fruit and Vegetable Program is the
Emergency Food Assistance Program, known as TEFAP. This bill provides
$100 million each year to purchase food that is then distributed by
local food banks. Again, in addition to that, there is $50 million for
the Hunger-Free Communities Program. That particular program under
TEFAP is for grants to local communities to combat hunger.
What does this all mean? It means feeding children in America who
would otherwise go hungry and providing basic health care for children
is another element I talked about earlier when I spoke of the State
Children's Health Insurance Program. Both of these, whether it is the
farm bill investments in nutrition or whether it is children's health
insurance, are about investing in our children in the dawn of their
lives, but also it is about building an economy many years from now.
I hope the President, when he is making a final decision about the
farm bill, will take a close look at what this bill does for children,
what it does for families, and what it does for our farm families all
across America. We don't have time today to go through all of it, but
suffice it to say this is the first time in many years we have
addressed these things, and I would ask the President to look at what
this farm bill does for dairy farmers.
I spent time back in the cold of the winter, in Wayne County, PA, and
met a young man by the name of Joe Davitt, who has a dairy farm. His
father had it before him and now it is his responsibility to take on
that incredibly difficult job of long hours, year after year, trying to
make ends meet. Our Government, frankly, hasn't done enough to help
them make ends meet in this very difficult job, and they are not asking
for anything a lot of us don't get help with.
This farm bill allows us to give some measure of relief; not nearly
enough, but some measure of relief for dairy farmers, who are salt-of-
the-earth people, who helped build this country and build our farm
economy. Finally, at long last, we have a piece of legislation which
takes into consideration the struggles and the challenges of dairy
[[Page S13959]]
farms across Pennsylvania but, indeed, across the country, from one
shore to the other.
There is a lot to recommend in this farm bill, whether it is helping
dairy farmers, whether it is an investment--long overdue--in specialty
crops, and what it does for nutrition for all of America, but
especially those who are vulnerable, those who happen to be poor and
need help with the basic necessities of life. I hope the President,
when he looks at this legislation--after he has done so much over many
years now for people who make $1 million a year, or maybe they make $10
million a year, or maybe they even make $100 million or more; those
Americans have gotten an awful lot of help--he will see this farm bill
focuses on families in America having trouble making ends meet, whether
they are farm families or whether they happen to be poor Americans who
can benefit from our nutrition programs. I hope the President will
consider that in the interest of fairness, but also in the interest of
investing in a stronger farm economy, investing in making sure our
children have the nutrition they need, and also making investments in
conservation, environmental protection, and a whole series of very
important elements to the farm bill.
Unfortunately, I think the President, in his veto threat, is
overlooking all that. I hope he changes his mind. There are some
Americans who have done fine, thank you, under this President. And so
for him to veto the farm bill would be contrary not just to all those
interests, important interests in America--children, families, farmers,
and farm families--but also it would be contrary to a lot of the work
that was done by Chairman Tom Harkin, the chairman of our committee,
and Ranking Member Chambliss from the State of Georgia; and not only
the work they put in, but the work their staffs put in, month after
month after month, working in a bipartisan way, to get this bill on the
right track.
It is not perfect. There will be lots of criticism of this bill, but
not nearly enough criticisms are warranted to justify the veto of this
legislation. We have to get this done. It is the only time we will work
on this in 5 years. We need to get it done. And the President, if he is
thinking of the best interests of the country, will sign the
legislation.
I urge the President, as respectfully as I can, not to veto the farm
bill. It has broad bipartisan support. We have to get this legislation
done.
Ms. KLOBUCHAR. Madam President, I ask unanimous consent to speak for
10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Minnesota is recognized for 10 minutes.
Ms. KLOBUCHAR. Madam President, the Senate is now considering the
farm bill, and with the leadership of Chairman Harkin, Ranking Member
Chambliss, Senator Conrad, and a Minnesota Congressman, Colin Peterson,
in the House, the bipartisan farm bill will invest in our farms and
rural communities so they will be a strong, growing, and innovative
part of 21st century America.
America's farm safety net was created during the Great Depression as
an essential reform to help support rural communities and protect
struggling family farmers from the financial shocks of volatile weather
and equally volatile commodity prices. Almost 75 years later, the
reasons for maintaining that strong safety net still exist.
The 2002 farm bill actually spurred rural development by allowing
farmers in Minnesota and across the country to take risks to expand
production. Because of productivity gains and innovation, including
advances in renewable energy, the farm support programs in the 2002
farm bill actually came in $17 billion under budget.
As the Senate debates a final 2007 farm bill this week, it is
important not to underestimate the value of a strong bill for States
such as my State of Minnesota, where agriculture is so vital to our
economy and our way of life. That is why, as a member of the Senate
Agriculture Committee, I support the new farm bill. This includes an
increased focus on cellulosic-based ethanol, continued support for a
strong commodity safety net, and additional funds for conservation,
nutrition, and disaster relief.
Of particular importance is the fact that we have balanced the budget
with every dollar of new spending fully offset.
Traveling around my State during the last 2 years, I have had the
opportunity to visit all 87 counties of my State twice, last year and
this, and I had the opportunity to talk to many farmers about the good
and the bad in the last farm bill. I can tell you this: The farm bill
has worked to revitalize many of our rural communities across America.
It has spurred rural development by allowing farmers in Minnesota and
across the country to take risks and expand their agricultural
production. Because of strong commodity prices and advances in
renewable energy, the farm support programs in the 2002 farm bill are
projected to come in $17 billion under budget.
I am pleased this bill continues this safety net, and I appreciate
the effort that has also been made to rebalance the commodity programs
to be more equitable to northern crops such as wheat, oats, barley,
soybeans, and canola.
Another top priority for Minnesota farmers was creating a permanent
program of disaster assistance. I thank Senator Baucus for the work the
Finance Committee has put into this provision. Farmers have to come
back to Congress each year with a tin cup in their hands when in fact
we can do it differently. Our State has been hit by drought, flooding,
and everything in between, and they had to wait 3 years for Congress to
pass another ad hoc disaster relief bill. A permanent program of
disaster relief will give farmers security moving forward.
One of my major goals for this farm bill was to include a strong
cellulosic ethanol program. Our corn-based ethanol and soybean-based
biodiesel have taken off in Minnesota, and we are ready to expand to
the next generation of biofuels--cellulosic ethanol, prairie grasses,
biomass that yields more energy and, if done the right way, is better
for our environment and conservation.
I was proud to draft legislation to provide farmers with an incentive
to grow cellulosic energy crops, and I thank Chairman Harkin and
Senator Conrad for working with me to include this in the farm bill.
The fact these crops put carbon back in the soil and take less fossil
fuel to produce offers us the promise of producing a carbon-neutral
motor fuel for this country. In short, the Biomass Crop Transition
Program, which is what the cellulosic ethanol provision of this farm
bill is, will allow us to expand on corn ethanol and soy diesel to a
new generation of farm-based energy and greater freedom from imported
oil.
I am also pleased this farm bill includes legislation I introduced,
along with Senator Bond, to provide funding for E-85 pumps. It is a
chicken-and-egg problem with E-85. Less than 1 percent of our gas
stations have the E-85 pumps. In the Energy bill, we have more
requirements for flex-fuel vehicles, and this bill will help to get the
pumps out there so we can be investing in the farmers and the workers
of the Midwest instead of the oil cartels of the Mideast.
I am also pleased the committee has accepted my amendment to double
the authorized funding levels for two programs that serve beginning
farmers and ranchers. There are real opportunities today to start out
in farming, especially in growing areas such as organic farming and
energy production. But beginning farmers also face big obstacles,
including limited access to credit and technical assistance, and the
high price of land. The Beginning Farmer and Rancher Programs in this
farm bill provide mentoring and outreach for new farmers, and training
in business planning and credit building--the skills they need to
succeed and stay on the land.
There are a lot of good things for rural America in this farm bill.
There is, however, one critical area where I believe more reform is
needed. We need to stop urban millionaires from pocketing farm
subsidies intended for hard-working farmers. This reform is in the best
interest of Minnesota farmers. Here are the facts: Nationally, 60 farms
have collected more than $1 million each under the 2002 farm bill, but
none of them were in our State. The average income of Minnesota farms,
after expenses, is $54,000. But under the current
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system, a part-time farmer can have an income as high as $2.5 million
from outside sources and still qualify for Federal benefits.
It makes no sense to hand out payments to multimillionaires when this
money should be targeted to family farmers. Big payments to big-city
investors threaten to undermine the public support for every farm
program, even though the commodity payments are projected to be only 15
percent of the total farm bill budget over the next 5 years.
A poster boy for what needs to be changed is Maurice Wilder, a
Florida-based real estate developer. From 2003 to 2005, he has
collected more than $3.2 million in farm payments for properties in
five States, even though his net worth is estimated at $500 million.
Nearly 600 residents of New York City, 559 residents of Washington, DC,
and even 21 residents of Beverly Hills 90210 received Federal farm
checks in the past 3 years. Some collected hundreds of thousands of
dollars. Last time I checked, there wasn't a lot of farmland in those
neighborhoods.
We can fix this and do better for our farmers by using the new farm
bill to close loopholes, tighten payment limits, and enforce tougher
income eligibility standards. First, the current Senate and House farm
bill proposals eliminate the three-entity rule. This will cut down on
abuse by applying payment limits strictly to individuals and married
couples and ending the practice of dividing farms into multiple
corporations to multiply payments.
Second, a longstanding bill, which is an amendment that will be
considered this week, proposed by Senators Dorgan and Grassley would
limit annual payments to $250,000. I will vote in favor of this
provision on the Senate floor, and the Senate should adopt it.
I also believe a third kind of reform is needed. Congress should act
to prevent payments that are intended for hard-working farmers from
going to urban millionaires and giant agribusiness.
We will be talking about these amendments in the week to come, but I
wish to say as we move ahead to develop homegrown renewable sources of
energy, rural America promises to be central to our Nation's future
energy independence as well as the fight against global warming. This
bill prepares us. This bill heads us in the right direction.
Inertia may be the most powerful force in the political universe, but
after 75 years, the best interests of America's rural economy demand
that we correct the abuses of the past so we can move forward with this
bill, with some modifications of reform, to ensure a strong safety net
for our hard-working farmers.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Madam President, may I inquire what the order of business
is at this time?
The PRESIDING OFFICER. The Senator is to be recognized for up to 30
minutes under the unanimous consent agreement.
Mr. CRAIG. Madam President, many of us are coming to the floor today
to speak to the new farm bill that the Senate Ag Committee has proposed
and brought to us over the last several months.
Over the years I have had the privilege to participate in a variety
of farm bill developments and structures as we ultimately came to a new
5-year farm policy in our country.
First of all, let me say for the first time in a good number of years
we have actually had the Secretary of Agriculture go out amongst
American agriculture, ask questions and listen, and send us proposals
of change in farm policy.
We have also had both the House and the Senate committees operating
extensively in bipartisan ways to hold hearings, looking at the
existing farm policy and what may need to be changed to justify a new
farm bill.
While many are caught up in the bits and pieces of a farm bill
structure, what is important to remember is a nation that feeds itself
is a nation that is, by its own definition, strong and independent. And
that has been throughout our history one of our great legacies: that we
could produce our own food and fiber to feed our own populations, and
then step beyond that to help feed the world.
In fact, in the 1950s, 1960s, and 1970s, as we saw a burgeoning
export market in agricultural growth, we were expanding our own growth
capabilities not only to feed ourselves but to feed the world.
That, in part, has been the product of a consistent farm policy over
the years that stabilized agriculture, agricultural producers who
looked at the primary commodity crops and said: This is the base of
American agriculture, and this is what we ought to support to assure
there is adequate food and fiber for the American consumer.
We now take for granted every day of the week that as we walk into
the supermarkets of America the shelves will be full and overflowing
with an abundance of food. We just take it for granted--unless you are
amongst the very poor, and then you might stand in a soup line. But
there are few of those in our country today. And, certainly, for those
less fortunate there are a variety of food and nutritional programs
embodied within farm policy that assure there will be minimal nutrition
values offered and provided to America. That is truly one of our great
legacies and something I think all Americans can be proud of.
Over the years, American agriculture has changed. We think
traditionally of corn and wheat and soybeans and cotton and, of course,
we used to have a tobacco program in the South that was supported, that
no longer exists for obvious and important reasons.
But little did we recognize something that we now value greatly as a
part of our nutritional base today: our vegetables, our fruits, and
that huge variety that you see on the fresh produce shelves as you walk
into any of our great supermarkets across the Nation.
And to those of us who have been associated with agriculture all of
our lives, it is not the meat shelf, it is not the bread shelf, it is
the fruits and the vegetables, the specialty crops, the kinds of things
that never have been in a farm bill, that we have never spoken clearly
to, that embodied a very large part of American agriculture.
In fact, today, at farmgate, meaning the value of products leaving
the farm itself, we view specialty crops as somewhere in the area of 50
percent. Not a program crop, not a loan program, not a base support
price, but American farmers out there working to diversify and to
ensure the variety that all of our consumers enjoy today.
So it is, in my opinion, a very big victory that today I come to the
floor, along with a group of my colleagues, to talk about a new
provision within farm policy to deal with the specialty crops. And for
the next few moments, let me talk about it and its importance as we
recognize what it means not only today but what it could mean in the
future.
This sector includes vegetables, fruits, nursery crops, herbal crops,
floriculture, horticulture, dried fruit, tree nuts, and turf grass. We
know about all of those things. Turf grass you do not buy at the fresh
produce stand, but if you are building a new home and all of a sudden
you have instant yard because the landscaper has laid turf, then you
know a lot about turf.
In my State of Idaho, that is a rapidly growing and, in some areas,
urbanizing area; turf farms are a very important part of Idaho
agriculture today. It may surprise some, when they think of specialty
crops, they think of the great agricultural belt known as the San
Joaquin Valley of California, where you see one different crop after
another for hundreds and hundreds of miles across that phenomenally
fertile stretch of American agricultural soil.
But in my State of Idaho, we are one of the top States in the Nation
as it relates to producing specialty crops. Beyond being the No. 1
producer of potatoes that we certainly recognize, and most of us enjoy,
Idaho is proud to boost production of cherries, table grapes, mint,
apples, onions, carrots, and a variety of seed, nursery and ornamental
crops.
The specialty crop industry has never relied, as I earlier mentioned,
on the traditional farm program to support or sustain it. Yet they are
subject to high volatility in markets. They face significant risk in
their operations, including pests and disease threats, along with
technical trade barriers and disaster conditions.
[[Page S13961]]
The inclusion of these new crops does not cost the traditional
programs at all because we are not looking for, nor has the specialty
crop industry asked for, the kind of program that is represented in
wheat and barley and pulse crops and sugar and others. These new
provisions do not provide direct subsidy to producers but create and
fund programs that will, among other things, help to improve the
competitiveness of specialty crops, expand valuable nutritional
programs, and direct new mandatory funding to specialty crop research.
Let me give you an example of what I am talking about. Many States of
the Nation now have a growing wine industry. Idaho is amongst those. We
have a unique microclimate along the Snake River Valley of Idaho that
allows us to raise quality grapes and to produce very fine quality
wine.
But the problem of adapting an Australian-based or a German-based or
an Italian-based grape to a new ecosystem takes research. A few years
ago I was able to get the wine industry of Idaho research grants, hire
a university professor, do the laboratory work, and learn how to manage
a Melbac, or a Shiraz, or a particular type of Cab grape that allows us
to up our values and up the quality of the wine grapes of our State.
That is the kind of program we have embodied in the new specialty crop
title and provision of the farm bill.
It provides producers better ways to address technical barriers in
trade. It assists in the prevention, detection, and eradication of
invasive pests and diseases in specialty crops.
I am pleased to see the bill extends the authority of specialty crop
block grants, a charge which I led back in 2004, and will provide
funding to States for locally driven and directed programs relating to
research, commodity promotion, product quality enhancement, food
safety, and other areas.
These are all very critical to the quality, the safety of the food
that the average consumer, once again, walking into the supermarket on
a daily basis simply takes for granted.
Mandatory dollars for specialty crop research will help our Nation
keep a competitive edge on breeding, genetics, and genomics, also fund
initiatives to address a certain economy such as the increased need for
mechanization and food safety initiatives.
Very frankly, fellow Senators, if we do not begin to ensure a labor
force to American agriculture, the kind that has largely left
agriculture over the last 2 years because of the immigration debate and
the border crisis that we are now trying to fix, we are going to have
to see more and more of our industry mechanized or it will simply have
to move out of our country to an area where that labor force exists.
So here is an opportunity in the specialty crop bill to do a little
more of that research toward mechanization that again gives us
opportunities that we heretofore did not have.
I also applaud the national expansion of the Fresh Fruit and
Vegetable Snack Program, a program in which Idaho has been fortunate to
participate for several years now. With the expansion, it is estimated
that 4.5 million low-income elementary school children in 5,000 schools
nationwide will benefit from receiving a fresh fruit or vegetable snack
every day of the school year.
This bill takes a major step forward in recognizing the significance
of the specialty crop industry to the overall agricultural economy of
our country. The benefits to the health of U.S. citizens and the need
for a stable, affordable, diverse, and secure food supply are clearly
addressed within the specialty crop title.
For the first time in my years in Washington working on farm policy,
I think it is possible to say the farm bill we currently have on the
Senate floor, crafted in a bipartisan way, with the administration
fully participating in the initial input of it, now covers a much
broader whole of the American agricultural scene than we have ever
before had.
With the inclusion of specialty crops in the overall program, it can
clearly be said that is the case. So while I know the bill currently
has its own problems on the Senate floor based on what may or may not
transpire here, this ia a very fine piece of work, in my opinion. Do I
agree with all of it? No. Would I have written it this way had I been
chairman of the Ag Committee or had the ability to do so? No, probably
not.
There are several provisions within it that would simply not be there
because my State of Idaho, for example, does not necessarily care for
some of them. For example, the large milk program of dairy is not what
adjusts or identifies to my State's large and rapidly growing dairy
industry. This is designed to protect a much smaller producer; in my
opinion, a less economical producer today than the kind that has built
the dairy industry in my State.
Be that as it may, that has always been the character of farm policy.
Has it been bipartisan? Yes. By definition it has to be. Does it need
to recognize all regions of our country? Yes, it does.
But most importantly, in doing all of those things, what it always
has been able to do is to assure the American consumer that food in
this country will be relatively inexpensive compared to the amount of
consumer income required to put a meal on the table of an American
family. Americans, without question, are blessed because of the
phenomenal productivity of American agriculture, the ingenuity, the
technology, all that goes there.
In part, the stability that has produced that is a product of farm
policies down through the decades that have recognized the basic
principle that a nation that can feed itself, that can be assured there
will be an abundance of food for itself and use the surplus to sell to
the world, is a nation that not only can be preeminent but certainly a
nation that can stand on its own.
Senator Stabenow has just entered the Chamber. She and I were the
first two Senators to actually sit down with the fruits and vegetables
industry of our Nation and say: We need a specialty crop title. We need
provisions within the farm bill that recognize and bring forth all of
the kinds of programs that I have just talked about.
Over the course of the last 3 years, working in a bipartisan way, we
have done just that. Let me recognize Senator Stabenow for the
phenomenal work she has done over the last several months in
shepherding this piece of legislation through to inclusion in the farm
bill, in working with both sides of the aisle to assure that happened.
And I must say hats off to the Senator from Michigan because she, like
I, recognizes the phenomenal diversity of agriculture in our State and
the need to not only recognize it and enhance it where we can, but to
do so in a bipartisan way, that has produced the work product we have
before us.
I am proud to stand on the Senate floor today recognizing a small but
very important new provision within the farm bill, recognizing the
nearly 50 percent of gross farm revenue across America today that is
embodied within the phenomenal specialty crop diversity that makes us
the great agricultural Nation we are.
The PRESIDING OFFICER (Mr. Salazar). The Senator from Michigan.
Ms. STABENOW. Mr. President, before my friend leaves the floor, I
thank the distinguished Senator from Idaho for his leadership as we
have worked together on specialty crop issues. This is an important
bipartisan effort. We began focusing on it when we defined specialty
crops in the Specialty Crop Competitiveness Act of 2004. We have now
taken that definition and gone on to include, as he said, 50 percent of
the cash receipts from the crops that had not been recognized fully in
the farm bill. It has been my pleasure to work with him and see that we
have been able to make this an important part of this farm bill for the
future. I thank him and congratulate him.
I rise to speak about the farm bill in front of us. It is an effort
that has taken a tremendous amount of time, debate, and negotiation, a
2-day markup. We ended up passing it unanimously out of the Agriculture
Committee, which is no small feat. I am pleased to have played a role
in that process. A major reason for our success was our chairman, the
distinguished Senator from Iowa, who has been so diligent from the
beginning. He has had a vision about the future for agriculture, where
we needed to go in alternative energy, conservation, fruits and
vegetables, nutrition, as well as our traditional support for
agriculture. I thank Chairman Harkin and our distinguished ranking
member for their efforts together. We have put into
[[Page S13962]]
place a farm bill for the future. I am very pleased we are doing that.
Our needs are different than when the first farm bills came about.
Energy independence, preserving and protecting the environment, making
sure we have a nutritious supply of products to keep communities and
families healthy are all areas covered in this new farm bill.
I thank my dear friend and colleague, the chairman of the Budget
Committee, Senator Conrad, for his incredible leadership, putting all
the numbers together. We have only a relatively small increase above
the baseline in this farm bill, $8 billion. Contrary to what we are
hearing from the administration, we are seeing a relatively small
increase, fully paid for under the budget. Thanks to the work of
Senator Conrad, we have a farm bill that is done in a fiscally
responsible way.
I thank the chairman of the Finance Committee, Senator Baucus, for
his extraordinary leadership. Serving on the Budget, Finance, and
Agriculture Committees, I have to say we would not be here with a
successful farm bill if it were not for Senator Baucus and the work he
has done in providing revenues as well as a permanent disaster relief
program, which is incredibly important.
I also thank my staff for their hard work. We have been working for
months and months on this farm bill, many late hours, some all-
nighters. I thank Chris Adamo and Oliver Kim, who have done an
extraordinary job on the nutrition pieces of this bill; Ilana Levinson;
and my legislative director, Amanda Renteria.
This new farm bill represents a progressive agricultural policy and a
vision of the future. It focuses on and expands many new policies, such
as specialty crops and renewable energy, conservation, nutrition, and
rural development. When people think of Michigan, most of the time
people think of automobiles and manufacturing. But in fact, the second
largest industry in Michigan is agriculture. We have more diversity of
crops than any other State other than California. This is a very
important part of public policy for Michigan. It is about supporting
our growers, about communities, the schoolchildren, seniors, and others
who benefit from nutrition programs. It is also about jobs. In real
ways, this is a bill that will create jobs in my State.
We have everything from traditional commodities in Michigan, such as
dairy and meat and pork and corn and sugar beets and soybeans. We are
also proudly the national leaders in the production of numerous
specialty crops--our fruits and vegetables, including blueberries,
apples, cherries, asparagus, and celery. Michigan farmers are in need
of a safety net for the crops they now grow, our program crops. But
they also are asking us for a new set of policies, not payments, not
direct payments, but a set of policies that will allow us to support
fruit and vegetable growers who make up half of American agriculture.
In addition to diverse farms and commodities, we also have expansive
urban areas with strong interests in conserving our national resources,
our land, our Great Lakes, expanding as well in our inner-city areas
access for fresh fruits and vegetables through farmers markets and
community gardens and school nutrition programs. Literally, for me,
every single part of the farm bill is important and impacts someone in
my State, whether they be involved directly in farming or not. Of
course, as we sometimes don't think about, the farm bill does impact
everybody, whether you have any part of agricultural production in your
State or not because of what this means in food security, nutrition,
and now focusing on other important areas such as alternative energy.
I understand, as we debate this important farm bill, we will be
continuing to talk about reforming farm policy. I know for many, the
reforms that have passed in the Agriculture Committee--and we have put
together very important reforms--as well as for me, do not go as far as
I would like. But they do represent a very important first step in the
right direction. There is a tremendous amount of reform in this
legislation. It is important for us not to define reform as just
changing direct payments. It is about changing the focus, expanding the
focus toward the future, which is what this farm bill absolutely does.
We have made progress on farm payment reform, but we have also put in
place a new guide for the next 5 years in completely new farm policies,
such as specialty crops, helping producers grow more and consumers to
have more access to healthy foods.
Energy is a very exciting part of this bill, the next economic
opportunity for rural America, for our farmers. These new policies will
create new jobs and new, clean, renewable energies. Conservation,
again, is a major focus for our chairman, and I commend him for that.
His leadership has brought us more than $4 billion in new investments
in conservation that will help producers be the great stewards of the
land they want to be.
Again, the chairman, in his leadership on nutrition, has been
extraordinary, expanding the food and nutrition program and providing
more access to healthy foods. In fact, it is important to mention that
roughly 66 percent of the farm bill is focused in some way on
nutrition. That means this is truly a food security and nutrition bill
for every American. It is also important to mention that we have
included a focus on beginning and disadvantaged farmers, new policies
in the conservation title, as our Presiding Officer has focused on in
so many of the areas around conservation and supporting our farmers and
family farmers. The credit title also helps new farmers and those
sometimes wrongfully left out to provide for more conservation and more
credit resources. We know we need a new generation of farmers to
continue providing food security for our Nation.
Let me speak about each of these areas briefly. The area of the farm
bill we call specialty crops, what does that mean? We are talking about
fruits, vegetables, horticulture, floriculture, dried nuts. We had
defined those areas in 2004 in the farm bill. This is something I have
been working on since coming to the Congress after the 1996 election, 4
years in the U.S. House on the Agriculture Committee, and now in the
Senate. I remember when we first started talking about specialty crops
and trying to find something in the farm bill that would directly
support the 50 percent of the crops that are fruits and vegetables and
other specialty crops. It was difficult to find much. But finally,
after working together on a bipartisan basis and having wonderful
support from the Agriculture Committee, we can honestly say we have
placed specialty crops as a permanent part of the farm bill.
This is incredibly important, particularly now when we look at the
needs for nutrition, the needs of the future for our families, our
children, our seniors, as we look at a world economy, where it is very
important that we be supporting our own fruits and vegetable growers.
There are 36 Members of the Senate who have come together, because we
grow specialty crops in our States, and have supported the efforts. I
thank each Member who has lent their voice in support and strength to
this effort. We have over 120 different organizations that have been
working now for several years to come together to get to this point. I
thank all of them for their efforts as well.
We have come a long way since the 2002 farm bill, when we were
talking about trying to get some help with tree assistance or some
basic nutrition programs. In 2004, we passed the Specialty Crop
Competitiveness Act which defined specialty crops and for the first
time gave us a policy from which to work. It laid the groundwork for
the progress we have made in creating a specialty crop policy in the
farm bill, including the centerpiece program such as specialty crop
block grants. Today, for the first time, there is a significant package
to help our growers who supply our healthy foods. This package is what
I call a toolbox, not a direct payment. They have not asked for that,
but they have asked for a variety of things to help them be successful
and make fruits and vegetables available to our families.
The toolbox includes competitive grant programs, research funds,
increased protections from pests and disease, trade export promotions,
various nutrition programs to help those in need, as well as a focus on
our schoolchildren, assistance for organic farmers, a very important,
growing part of agriculture, as well as important conservation
payments. This multitude of
[[Page S13963]]
policies offers real reform and is needed for a variety of reasons.
It is also important to note the new disaster assistance program that
has been put together accommodates specialty crops as well. There is
approximately $1 billion of disaster relief for specialty crops
included in the disaster relief program. It will expedite aid to
producers after natural disasters for which farmers cannot plan. A
critical part of this is new mandatory funding for the Tree Assistance
Program. This is absolutely critical to our farmers who have orchards
because our orchards--such as cherries and peaches and apples--are
basically the assets. The trees are the assets for those farmers, and
they are expensive assets that take years to yield profits. So being
able to support those growers who have orchards and to be able to help
them in a disaster is very important.
It is important to note that specialty crop farmers are also very
diverse. What is good for the Washington apple growers may not be the
same for Michigan apple growers. Different diseases and challenges face
different growers in different parts of the country. So policies such
as the State-run block grants that we have included and competitive
research grants are vital to help the over 200 different types of
specialty crop farmers across the Nation be able to have assistance for
their particular issue, their particular areas of concern.
Second, fruits and vegetables are more susceptible to different pests
and diseases. We must have the best inspection and rapid-response
policies in place. Currently, the costs borne by the fruit and
vegetable industry due to invasive species reaches over $1 billion a
year. Our disease and pest policy will help prevent new invasive
species as well as help mitigate them. This will help not only
specialty crop growers but all our farmers as well as our forests.
Third, just like our traditional row crops, such as corn and
soybeans, we need a strong domestic supply of fruits and vegetables.
Studies suggest that even if every person in this country tried to eat
the five to nine servings of fruits and vegetables per day that are
recommended by the Federal Government, our domestic growers would
simply not be able to meet the demand.
Fourth--and while speaking of domestic fruit and vegetable farmers--
this Nation currently imports $2.7 billion more than it exports in
fruits and vegetables. So we need to ensure our safety and health and
help our growers as they export as well.
Finally, when we talk about specialty crops, we are really talking
about eating in a healthier way. A better supply of fruits and
vegetables means more access for more people to the things they need to
be healthy and to prevent systemic disease in the future.
Along with our focus on specialty crops is a real partnership with
the portion of the farm bill that focuses on nutrition. This farm bill
makes important strides in reducing hunger in our Nation and improving
the nutritional health of our children. It makes a key link between our
commodities--our fruits and vegetables--and health by recognizing the
importance of fruits and vegetables in the new specialty crops
provisions.
The Physicians Committee for Responsible Medicine has applauded
efforts to increase consumption of fruits and vegetables. They noted
that HHS statistics have found that unhealthy eating and inactivity
cause 310,000 to 580,000 deaths every year.
In addition, in this Congress we have made our children's health a
legislative priority. In addition to our fight for the Children's
Health Insurance Program, we have expanded the successful Fruit and
Vegetable Snack Program so that schools nationwide will be able to give
children a healthy snack. Again, my hat goes off to our chairman, who
placed the Fruit and Vegetable Program in the farm bill in the past as
a pilot project.
A lot of folks said: Well, even if you have a bowl of fruits--apples
or other fresh fruits--and vegetables available in schools, the kids
won't eat them; they will just go to the vending machine. Well, it
turned out that was not true. It turned out that children loved having
those apples and peaches and strawberries and plums and all of the
other fruits available. Teachers across the country have been clamoring
to expand this very successful Fruit and Vegetable Snack Program, and
we have done that in this bill. In fact, with the passage of the farm
bill, about 120,000 children in Michigan alone will have access to
fresh fruits and vegetables through the snack program.
This is a very important policy in terms of the future for our
children. Making sure children eat right and understand good nutrition
is, of course, critical for their long-term health. According to the
New America Foundation's child development and youth well-being index,
health indicators for children are on the decline mainly due to
children's poor nutritional health and obesity. By helping our schools
purchase healthy snacks, we can not only give children better food but
also help guide their nutritional choices throughout their entire
lives. Maybe if they pick up an apple or dried cherries--grown in
Michigan, of course--rather than junk food, we will give them an
opportunity for a healthier future.
Additionally, the farm bill addresses hunger by making long overdue
changes to the Food and Nutrition Program, formerly known as food
stamps. Since 1996, the income standards for this program have been
frozen--in other words, no increases. Food costs go up, inflation goes
up, and there have been no increases. This has caused the purchasing
power for families to decline as food costs and inflation have
increased.
In just one example, a 32-year-old single mom named Sonya, who lives
in Michigan near my hometown of Lansing, has two children ages 12 and
13. She works two jobs. One pays $10.40 an hour, where she works 24
hours a week. The other one pays her $76 a day. She is working hard to
hold things together for her family. She spends nearly $650 a month in
daycare expenses, right now, for her children. But under current law,
she cannot count the full value of her childcare costs when she applies
for the Food and Nutrition Program. This cap on childcare is a huge
incentive against working.
The nutrition title will help Sonya and other families--and the vast
majority of Food and Nutrition Program households are three-individual
households like Sonya's--because it takes that cap off and will cover
and count the costs of childcare for working moms. For example, a
mother of three who works 35 hours a week at $9 an hour and pays $350 a
month for childcare for a preschool-aged child would receive an
additional $79 in food assistance for herself and her children. This is
a huge difference. It may not sound like a lot of money, but it is a
huge difference for families all across this country.
We should be very proud of the fact that on a bipartisan basis we
have placed these improvements in the bill. However, we still need to
do a lot more, and I certainly support other efforts to do that.
We still need to make improvements to the Commodity Supplemental Food
Program. Unfortunately, our senior citizens, who make up the bulk of
this program, the Commodity Supplemental Food Program, are eligible at
a lower income threshold than are families. In other words, if you are
a senior up to 130 percent of poverty, you can get help with food; for
a family, it is 185 percent. There is really no reason to discriminate
against senior citizens, and a number of organizations, including AARP,
the National Commodity Supplemental Food Program Association, and
America's Second Harvest, want to fix this program. I am working with
the chairman to offer an amendment to do that.
I mentioned a little earlier that this bill is also a job creator.
This farm bill is creating new jobs as well as a cleaner environment--
both very important goals.
The energy title will help bring forth a new rural economy. In
Michigan's case, this is already happening, and we welcome the
provisions of this bill. They are very important to us in Michigan.
First, there are loans and loan guarantees for cellulosic ethanol
refineries. In Michigan, we have interest from multiple companies to
set up new cellulosic refineries. We have corn, sugar beets,
switchgrass, and wood byproducts--timber--opportunities that can all be
a part of the cellulosic equation. Again, I know the distinguished
Presiding Officer has worked diligently in
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those areas. They are very important for the future of this country and
certainly in my State will create jobs.
Financing is needed in the early development of these projects, as we
know, and these new policies will provide that missing link, which is
so critical. Perhaps by the next farm bill we will see the fruits of
our labor when we can truly say: Buy fuel from Middle America instead
of the Middle East.
Next, farmers need assistance to switch to these new energy crops and
to produce renewable energies. New policies will provide technical
assistance and resources to help producers convert to new crops that
can produce ethanol and take advantage of their wastes by converting
them into energy. An example of this is anaerobic digesters that our
dairy farms can use to convert animal waste to energy. Not only is this
a new source of income, but it also disposes of waste, therefore
reducing pollution into the air and the water.
Finally, I would like to highlight another program important to
Michigan that has the potential to spur economic development while
alleviating our dependence on foreign oil. A Community Wood Energy
Program will help invest in projects looking to use more wood products
to produce energy. With a State that is more than one-third forested,
and paper mills are in the decline, this is a very valuable addition,
from my perspective in Michigan.
The energy title will go a long way toward a cleaner environment, but
the conservation title in the farm bill is one of our most important
environmental laws. Farmers are some of the best stewards of our land.
We know that. They produce high-quality, safe, nutritious products
while meeting strong environmental standards. Our addition of $4
billion in conservation funding this year is imperative to meet the
growing demand of farmers who want to enroll in various conservation
programs. These programs keep our air clean, farmland productive,
spaces open, land open, wildlife thriving, and offer some of the best
water quality protections.
The conservation title is especially vital to our Great Lakes, North
America's largest source of fresh water. Farm bill conservation
programs have ensured that once-marginal Great Lakes farmland now
filters sediment and erosion while providing millions of acres of high-
quality wildlife habitat, which supports the local $18 billion hunting,
fishing, and wildlife-watching industry in Michigan. Programs such as
the Wetlands Reserve Program improve water quality and are essential to
the continued health of the Great Lakes. These programs protect and
restore wetlands that serve to filter pesticides, fertilizers, and
sediment out of the water that millions of Great Lakes residents depend
on for their drinking water as well as for swimming and bathing and
just plain fun. And we invite everyone to come and be a part of the
Great Lakes experience.
I want to congratulate, again, Chairman Harkin and my colleagues on
the committee for their commitment to a strong conservation title. In
spite of the tight budget we have once again, conservation is a
priority.
I would like to take a moment to recognize changes in a program that
I was very pleased to author as a part of this conservation title. The
Great Lakes Basin Program for Soil Erosion and Sediment Control will be
reauthorized for another 5 years under the current bill. This program
has a proven track record of efficiently providing grant funding to
local organizations and governments to prevent soil erosion in the
Great Lakes region.
I am pleased to have been able to add language to the farm bill to
tie the Great Lakes Basin Program to the Great Lakes Regional
Collaboration Strategy to Restore and Protect the Great Lakes. This
will assist in accomplishing two of the Great Lakes Regional
Collaboration Strategy's priority recommendations: first, targeting
cleanup activities in severely polluted rural watersheds; secondly,
restoring urban watersheds that have been degraded by development.
The Great Lakes restoration strategy is really a comprehensive
blueprint for restoring the Great Lakes. It was initiated following an
Executive order which recognized the Great Lakes as a national
treasure. The strategy was produced by a broad cross-section of people
representing our local communities, the State and Federal Government--
truly a bipartisan effort--NGOs, tribes, and various stakeholders that
came together.
The strategy identifies reducing nonpoint source runoff from rural
and urban areas as one of the top eight sets of priority
recommendations necessary for restoring the health of the Great
Lakes. This program will enable the region to initiate pilot projects
consistent with these recommendations. I am very pleased this is part
of the farm bill.
Restoring the Great Lakes must be a national priority. A recent
Brookings Institute study clearly showed that Great Lakes restoration
is about more than environmental restoration; it is about protecting
our way of life. Reducing soil erosion, sediment, and pollutants helps
maintain a clean source of drinking water for over 42 million Americans
and Canadians who depend on the Great Lakes. Decreasing nonpoint
pollution in the Great Lakes reduces the damage caused to fish and
wildlife habitat and will help protect a sport fishery that generates
$4 billion a year. Reducing nonpoint pollution will reduce the costs of
maintaining stormwater systems and the costs of dredging the harbors
and marinas that are the economic backbone to the Great Lakes region's
shipping capacity, in addition to a $1 billion recreational boating
industry. This program ties a Great Lakes program with a proven track
record to the implementation of a comprehensive strategy that, when
fully implemented, will protect an international treasure for the next
generations.
I also want to acknowledge another important piece that I was pleased
to author in the farm bill that is important to American producers.
Current law clearly states that all purchases made--to the maximum
extent practicable--with Federal funds for use in the National School
Lunch and Breakfast programs should be domestic goods; in other words,
American-made, American-grown. Congress has passed this law in multiple
statutes and has repeatedly reinforced its support for the Buy American
provision, and expects it to be implemented and enforced.
Unfortunately, USDA has not adequately enforced the Buy American
provisions in current law. This is another example of this
administration's failure to enforce the laws on the books, and this
time our growers and consumers are paying the price. The list of trade
enforcement violations is growing, and today the United States has the
weakest trade enforcement effort of any developed country. It is
important we make sure that while the USDA buys only domestically grown
food for schools, that we also make sure when the school programs
themselves--the local programs--are purchasing, that they know this
provision is in place.
The PRESIDING OFFICER. The Senator's time has expired.
Ms. STABENOW. Mr. President, I ask unanimous consent for an
additional 2 minutes.
The PRESIDING OFFICER. Is there objection?
Mr. DOMENICI. No objection. How many minutes? Two?
Ms. STABENOW. Two.
Mr. DOMENICI. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. STABENOW. Thank you very much.
There is so much in the farm bill that it is difficult to have a
short presentation. I am only touching on a few of the major areas.
Let me conclude, though, by summarizing the Buy American provisions
because, unfortunately, even this past July at a national school food
conference, a food company marketed peaches that said ``peaches from
China packed in Thailand,'' and I know we grow great peaches in the
United States. So we want to make sure that as we are putting all of
these provisions together to support American agriculture, that, in
fact the USDA is doing everything possible not only to purchase
themselves but to communicate with our school programs and other
nutritional programs that we expect we will purchase from local
growers, American growers first. We hope we will not have to say this
again. We have put this in numerous bills. It is
[[Page S13965]]
vital that we take this very seriously if we are going to, in fact, be
supporting American growers. This provision--the Buy American
amendment--matches the House-passed language, and I am hoping they will
join us in making sure it is truly enforced at this time.
As my statement shows, this farm bill is expansive. It is important
to all parts of our country, our families, our communities. It is
important in so many ways as we look for healthy foods and strong
communities and jobs, preserving our land and our water. It has very
important policies, traditional policies we have had for some time,
coupled with new approaches for the future in alternative energy and
other areas that are critical for the future of our country. I regret
that the administration has indicated a possible veto of this bill. I
hope, in fact, they will reconsider as we move along. This is an
important bipartisan effort. A tremendous amount of work has gone into
this. This is truly a farm bill for the future of the country. It is
fiscally responsible. It is paid for. I am very hopeful that not only
will we pass this with a strong bipartisan vote, but that the President
will support this very important effort to support our growers, our
farmers, our ranchers, as well as the food security of the United
States.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from New Mexico has 15 minutes
under the previous order. The Senator from New Mexico is recognized.
Mr. DOMENICI. Mr. President, parliamentary inquiry: I am to be
followed by Senator Thune, who has 15 minutes, is that correct?
The PRESIDING OFFICER. That is not yet a part of the order.
Mr. DOMENICI. I ask unanimous consent that it be the case.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DOMENICI. Mr. President, I rise this afternoon to discuss the
process under which we consider this bill that has been set forth by
the majority leader earlier. I also want to discuss a critical issue
facing our farmers. I do not want to belabor the point that has been
made by our distinguished Republican leader, Senator McConnell, and by
Senator Gregg about the importance of an open amendment process, but I
do want to add some context, if I might.
I understand it is the majority's prerogative to fill the amendment
tree, and it has been done by leaders of both parties in the past.
However, I wanted to go on record about the potential serious danger of
this process. Earlier, the majority leader stated that only amendments
that are relevant to the farm bill will be allowed to be offered and
voted on.
Well, I cannot think of any amendment more relevant to the economic
security of the American farmer than an amendment to increase the
renewable fuel standard. I am very hopeful the amendment will meet the
test the leader has made for amendments. I don't know yet whether it
will, but I think before I am finished and before other speakers are
heard, it should be quite obvious that there is no amendment that could
be offered that is more important to rural America and the farmers than
this one.
Since we passed the first ever renewable fuels standard in the Energy
Policy Act of 2005--and the occupant of the chair was a member of the
committee that wrote it--bipartisan--and played a very vital role in a
number of its provisions--since that Energy Policy Act, we have seen a
surge in ethanol jobs and a surge in the construction of ethanol
plants. I think we all know that. In 2006 alone, the ethanol industry
supported the creation of 160,000 new jobs, while producing 5 billion
gallons of ethanol. These are American farm jobs which help produce
American fuels and help reduce our dependence on foreign oil. It seems
to me the relevance of ethanol is asked and answered.
My bipartisan amendment would set annual requirements for the amount
of renewable fuels used in motor vehicles, homes, and boilers. It would
require that our Nation use 8.5 billion gallons of renewable fuels in
2008 and progressively increase to 36 billion gallons by 2022.
My amendment will help the ethanol industry right now by doubling the
current ethanol mandate from 7.5 billion gallons in 2009 to 15 billion
gallons by 2015. That will ensure that America will be using the
additional ethanol that farmers are producing.
Beginning in 2016, an increasing portion of the renewable fuels must
be advanced biofuels. Advanced biofuels include cellulosic ethanol,
biodiesel, and other fuels derived from unconventional biomass
feedstocks such as sorghum. The required amount of advanced biofuels
begins at 3 billion gallons in 2016 and increases to 21 billion by
2022.
I want to depart from my text and talk a minute with the Presiding
Officer and any other Senators who are listening. This amendment is
part of the so-called Senate Energy bill passed in June. It has three
major parts, and this is one part of it. This is one that has a lot to
do with ethanol, but it was part of the Energy bill we passed and took
a lot of pride in. Since then, the House passed a bill. The House
passed two bills on energy. Their bills were, for all intents and
purposes, completely different than the Senate's bill. We have been
totally unsuccessful in moving anything in the direction of getting
either our bill or their bill moving toward a bicameral solution in
conference or by agreement between the two Houses through appropriate
people. That is not occurring. There is lots of talk but no action.
Pretty soon we will be giving the excuse for doing nothing for the
ethanol prices--we will be saying, wait another month and we will get
this agreement with the House. The Senate-passed bill will somehow get
negotiated out with the House, with somebody, somehow, sometime, even
though they don't have any provision in their bill that is like the one
I am talking about.
This amendment is in our bill--the bill of the Senate--that we worked
so hard on. It is the one the President talked about in his State of
the Union Address, as the occupant of the chair might remember.
Cellulosic was what everybody talked about: In about 2 years we break
that R&D requirement and we are ready to go with the most critical new
fuel--cellulosic. Now we sit and say, let's not do anything. I am kind
of prejudging what some will say tomorrow when this amendment, which
will be filed at the desk and which is nothing more than the Energy
bill that was passed with all of the amendments that were adopted, that
was subtitle B, the biofuels for energy security and transportation as
part of the Energy bill--it is now an amendment I am asking to be
attached to the farm bill. I think it should meet the leader's test
where he said it has to be something that is strongly related to
agriculture or he isn't going to consider it. Considering things such
as perhaps the Lugar bill, which is highly touted as a substitute--it
won't pass, but it will be permitted to be offered as an amendment, I
assume.
This amendment is very important. We could get out of here in
December and not have an agreement with the House on this energy bill.
I repeat: They don't have this provision in their bill. They are going
to have to accept a whole new approach. Energy security and
transportation through biofuels is part of the three components of the
bill, of the big bill we are talking about. We would have to find some
way for the House to accommodate all three of the big sections, because
they have none of them. They don't have this one. They don't have CAFE,
on which our fellow committee members on Commerce worked very hard.
They don't have CAFE in theirs. They don't have this provision, and
they don't have the very large provision we have in ours with reference
to maintenance and security, reducing the costs of various fuel
products. So it is not going to be easy to get that. It would be very
easy--if the majority leader agrees tomorrow, it would be very easy to
adopt this amendment and, eventually, if the agriculture bill passes
and goes right over to the House, and they have no alternative--they
have to go to conference with a farm bill that is going to be very
popular and it is going to have this provision on it, and it is very
popular. As my colleagues know, if it were freestanding and didn't have
any of the problems of: Does it belong on this bill, which I think is
an irrelevant statement--we shouldn't be talking about that--it belongs
on this bill, we are going to make up a rule if we don't let it come on
here. It fits; it is germane;
[[Page S13966]]
it is relevant. Any words we have used historically for amendments, it
is that.
Now, beginning in 2016, an increasing portion of renewable fuels must
be advanced biofuels, which must include cellulosic ethanol, biodiesel,
and other fuels derived from unconventional biomass feedstocks, such as
sorghum. The required amount of advanced biofuels begins at 3 billion
gallons in 2016 and increases to 21 billion by 2022.
Advanced biofuels do not have many of the challenges that
conventional ethanol does. The inclusion of advanced biofuels strikes a
balance that will allow America to begin diversifying our fuel supply
in a very short term and in the long term.
That is why, when supporting these same provisions in the Energy
bill, the Renewable Fuels Association said that they ``strike the right
chord''--that is what this does--noting that ``such an investment in
our Nation's energy future promises to spur the creation of new, good-
paying jobs across the country.''
This amendment consists of the very same provisions passed by the
Senate in June as we considered the Energy bill. Some may ask, then,
why do I seek to offer this amendment to the farm bill? I have already
told you my answer. Repeating, first, the Energy bill is languishing
largely because the House has very different provisions, and we have no
way of going to conference. We are not in conference. We are
negotiating in some way. People are talking. Committees are talking,
but nothing is agreed upon by anyone as to the process or procedure.
Certainly, we have to have that bipartisan. It will not pass if it
comes here from the House and doesn't have some Republican input. I
assume it will come from people such as me, as ranking member of one of
the committees, or maybe Senator Stevens, who would have to be part of
it if it were to have a real chance.
The second reason is this amendment is relevant to the farm bill. It
is necessary now to reinvigorate the ethanol industry, and that
industry and everything that makes it up is looking to Congress to
extend this mandate as soon as possible.
In one sense, we have been a victim of our own success. Thanks to
the 2005 Energy bill, rural America has answered the call for increased
ethanol production. In fact, we have now exceeded the original mandated
amount in our fuel mix. For example, in 2006, the ethanol standard was
4 billion gallons and, in fact, our domestic production of ethanol was
5 billion gallons. We can do more and the American farmer is looking
for Congress to do more.
Over the last year, the price of ethanol has dropped nearly 40
percent. The reason for this is simple economics. We have an increased
supply and diminished demand in the marketplace. As a result the
construction of new plants has been delayed meaning new job growth has
been diminished and rural communities are looking to us to take action.
We cannot wait for a languishing energy bill while rural communities
are losing their opportunities. This amendment is not simply relevant
to the farm bill, Mr. President. It is necessary.
This matter will come back. It will be filed sometime tomorrow, or
the next day, depending on when the leader will talk to me on the
floor.
The PRESIDING OFFICER. The Senator from South Dakota is recognized.
Mr. THUNE. Mr. President, I want to thank my colleague from New
Mexico for his leadership on energy issues, generally, as a former
chairman and now ranking member on the Energy Committee, and
particularly regarding renewable fuels.
In 2005, the Senate, the Congress passed an energy bill that was
signed into law by the President, which, for the first time ever as a
matter of policy, put into place a renewable fuels standard. That was
in no small part a tribute to the leadership of Chairman Domenici and
his good work, working with many of us who care deeply about renewable
fuels and making sure we are advancing that industry in this country so
we can lessen our dependence upon foreign sources of energy. So I
appreciate his leadership and am glad to be able to work with him again
as we try to offer a renewable fuels standard to the farm bill, which
has already been adopted, as he mentioned, by the Senate regarding the
Energy bill. The Energy bill is currently tied up and, hopefully, we
will produce an energy bill this year before Congress adjourns for the
holidays. But if, in fact, we cannot get that done, it is important for
this industry, and I believe for our country's interest, that we get an
expanded renewable fuels standard put into law.
Mr. President, the bill before us today is entitled the Food and
Energy Security Act of 2007, commonly referred to as the 2007 Farm
bill. The naming of this bill is not without meaning. It is abundantly
clear that agriculture and energy production are inherently related,
and together will move our Nation toward greater food and energy
security.
The 2002 Farm bill was the first farm bill to include an energy
title. As a member of the House Agriculture Committee during the 2002
Farm bill debate, I can attest that including an energy title in the
farm bill was not easy, nor was it without controversy. However,
Congress had the foresight to realize that renewable energy was an
integral part to our agriculture economy and a comprehensive farm bill
would be incomplete without including renewable energy incentives.
The Food and Energy Security Act of 2007 also includes an energy
title that builds on the success of the 2002 bill. The incentives in
this energy title will greatly benefit American consumers, our
agriculture producers, and our Nation's energy independence.
As part of the 2007 Farm bill, the Senate Agriculture Committee
worked with what little resources we had to meet the demands of a new
generation of renewable fuel. In particular, the committee included a
provision that Senator Ben Nelson and I helped draft that will provide
incentives for farmers to grow energy dedicated crops in conjunction
with the construction of a nearby biorefinery.
There is a chicken and egg dilemma with regard to cellulosic ethanol
production. If you ask a farmer in South Dakota or Georgia or
California to change his planting pattern to grow energy dedicated
crops, the response will likely focus on a lack of market to sell these
crops.
If you ask an ethanol producer about the prospects of cellulosic
ethanol, they will likely highlight the lack of energy dedicated crop
availability.
In reality, energy dedicated crops such as poplar trees, switchgrass,
and miscanthus, take 2 to 3 years to establish. Likewise, a new
generation cellulosic ethanol biorefinery will take several months or
years to build. There is an obvious gap in the marketplace for
cellulosic ethanol production, and this bill would fill this gap by
providing first-of-its-kind incentives for producers who grow energy
dedicated crops in conjunction with the construction of local
biorefineries.
This provision represents significant progress in our agriculture
policy as we look for ways to promote advanced biofuels.
The Food and Energy Security Act also authorizes the U.S. Department
of Agriculture to provide grants and loan guarantees for commercial
scale biorefineries. Private sector investment in the renewable fuels
will ultimately determine the success of this industry, and it is
critical that funding mechanisms are in place that will move cellulosic
ethanol from the laboratory to full scale production.
Additionally, it is important to note that these loan guarantees
would also benefit existing plants that wish to repower their
facilities or retrofit with new cellulosic technology.
By leveraging a small amount of tax dollars with hundreds of millions
of dollars in private equity, federally backed loans for new plants are
an effective policy that will help grow the production of advanced
biofuels.
Although the Senate version of the 2007 farm bill includes several
important energy provisions, it is missing one critical component that
would increase the market demand for renewable fuels.
Just a few moments ago, Senators Domenici, Nelson, Grassley, and I
introduced a bipartisan amendment to increase the renewable fuels
standard from 7.5 billion gallons in 2012 to 36 billion gallons in
2022.
Last June, the Senate acted in a bipartisan manner and passed an
Energy bill that increases the role renewable fuels as a part of our
energy policy.
[[Page S13967]]
This amendment reflects the Senate-passed RFS, and I hope my colleagues
will once again support this policy as an amendment to the 2007 farm
bill.
Some of my colleagues may ask, ``Why include a renewable fuels
standard as part of the 2007 farm bill?'' The answer is simple, since
the beginning of Federal farm programs, no single policy has had a
greater impact on American's agriculture industry than the renewable
fuels standard enacted by Congress in 2005.
The renewable fuels standard and the dramatic expansion of biofuels
production has provided farmers with an alternative market for their
crop and increased demand for corn production. The renewable fuels
standard has created jobs in rural communities and spurred investment
opportunities in rural America.
The expansion of the biofuels industry hasn't been perfect. The
dramatic expansion of biofuels has led to concern among some livestock
producers and food processors about inflationary trends in commodity
prices. However, these concerns are being addressed by the marketplace.
Producers have responded with record corn production and will continue
to meet the demand for feed, food, ethanol, and exports.
Additionally, like the Senate-passed renewable fuels standard, this
amendment would boost the production of advanced biofuels by requiring
the production of 21 billion gallons of cellulosic ethanol by 2022.
Crude oil is trading at over $90 per barrel. Many analysts are
predicting oil will hit $100 per barrel in the near future. Typically,
in the late fall, early winter, consumers are granted a reprieve from
high gasoline prices as demand subsides from the summer driving season.
However, this fall, the retail price of gasoline has remained at high
levels. Yesterday, the average price of gasoline reached $3 per
gallon--an all time record for gasoline prices in November. Many are
predicting even higher prices in the near future if the price of crude
oil continues to climb.
When is enough, enough? When are we going to take a stand and stop
sending American dollars overseas to countries that want harm to the
United States when we have an untapped resource for clean renewable
fuel here at home?
I believe I speak for the majority of U.S. Senators when I say we
should purchase our fuel from America's agricultural producers rather
than from overseas oil cartels.
In 2005, Congress as acted to enact the first ever renewable fuels
standard of 7.5 billion gallons by 2012. By the end of this year, our
Nation's ethanol capacity will total almost 7.5 billion gallons, 4
years ahead of schedule. With planned and existing construction, our
Nation's ethanol capacity will soon double.
Clearly, as our biofuels industry advances, so must our national
policy. Now is the time to increase the renewable fuels standard and
usher in a new generation of cellulosic ethanol production.
I thank Chairman Harkin and Ranking Member, Chambliss for their
support for a strong energy title.
Over the past several months, we have had a thoughtful and
conscientious debate on farm and energy policy. Considering the limited
resources presented to the Committee, we crafted a bill that will
undoubtedly move production agriculture and renewable fuels forward in
a sustainable and reliable manner.
Adding a strong renewable fuels standard to the Food and Energy
Security Act would greatly enhance these efforts. The U.S. Senate is
already on record for supporting provision by a wide bipartisan
majority. I encourage my colleagues to once again support this
amendment.
There are so many things we can do in this farm bill to help improve
the agricultural economy in this country. I will speak at a later point
about some of the other provisions in the bill that I think will do
that. But I cannot emphasize enough the importance of the energy title
to not only American agriculture but to America's position and place in
the world relative to our need for energy and our ability to meet that
need here at home.
I hope my colleagues in the Senate will move in an expeditious
fashion to pass this farm bill. Before we do that, let's take a hard
look at what we can do to make this energy title even stronger and
create an even more robust market for renewable energy, so those great
American farmers out there who are producing the food and fiber for
this country can also continue to produce fuel to meet America's
growing energy demand and lessen our dependence upon foreign sources of
energy.
I, again, thank the Senator from New Mexico for his leadership on
this issue and for his important role in 2005 in getting the renewable
fuels standard put into law for the first time--the 7.5 billion gallon
standard I mentioned--by 2012. But it is now important that we increase
that standard--as proposed in this amendment and as passed earlier by
the Senate in the Energy bill--to 36 billion gallons by 2022. If we do
that, we will make a very strong and bold statement about our
commitment to reducing our dependence upon foreign energy and making
America energy independent.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WYDEN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WYDEN. Mr. President, there is a worldwide epidemic of illegal
logging which has been poisonous for the global environment and
devastating to vital American industries. Given the urgency of this
problem, Senator Alexander, myself, and more than 20 other Senators
have joined in legislation--S. 1930, the Combat Illegal Logging Act--
and I and my good friend from Tennessee are on the floor and wish to
speak briefly about this legislation.
We have worked for many months on this bill, cooperatively with the
forest products industry, with the conservation community, and with
labor organizations, and the Congressional Budget Office recently
scored our legislation as having no cost. We have filed this
legislation as an amendment to the farm bill, and we believe it is
urgent that the Senate pass this legislation on a bipartisan basis to
protect American companies from unfair competition and to protect
forests around the world against illegal logging.
More than 1 year ago, a group of hardwood plywood manufacturers came
to me with concerns about illegal Chinese hardwood plywood imports that
were threatening their businesses. A whole host of unfair and illegal
practices was lowering the costs of the Chinese hardwood plywood import
sector, giving them an unfair advantage over our American hardwood
plywood and putting American companies in jeopardy of going out of
business and the workers they employ out of work.
Since then, I have been working to level the playing field for these
plywood manufacturers, many of whom are in Oregon, and to protect the
jobs of the workers they employ. In the course of all this, I have met
with the Department of Commerce, the Office of the United States Trade
Representative, Customs and Border Patrol, and the International Trade
Commission, and have urged them to pursue these issues and act where
appropriate. They have, I commend them for it, and they have raised
troubling practices that we have brought to light in diplomatic
negotiations, opening investigations and even filing a case before the
World Trade Organization targeting Chinese subsidies that benefit the
hardwood plywood industry.
Our legislation--the legislation Senator Alexander and I hope to win
passage for as part of the farm bill--would level the playing field for
all American plywood manufacturers as they struggle to compete against
artificially low-priced wood and wood products. I am also pleased we
have been able to secure the support of the conservation community.
They have joined us in this effort because they know it is critically
important to the protection of the environment worldwide to act against
this illegal logging epidemic.
From the Amazon to the Congo basin to Siberia, we are seeing illegal
logging devastate some of the most precious and valuable ecosystems one
can imagine. It has been gutting local economies. It has annihilated
the very way
[[Page S13968]]
of life for a number of these communities. Because of the speed and
violence with which illegal logging is occurring, failure to curb its
effects now, in my view, is going to result in irreversible damage to
forests around the world.
I note my friend from Tennessee is on the floor, and I want to make a
couple of additional comments and allow him to speak as well. I see
other colleagues want to talk, but I want to take a minute to describe
how this illegal activity takes place.
It is typically done by complex criminal networks that have
multinational funding, which I think is almost analogous to the way the
drug trade works. There was a recent Washington Post article that
documented how logs from Burma had been smuggled into Chinese
processing facilities and then were exported to major retailers here in
our country. In these Chinese processing facilities, what happens is
the logs are often mislabeled and misclassified. Sometimes they are
even fraudulently stamped with counterfeit stamps that mimic those of
well-known wood certifications, such as the Forest Stewardship Council
label.
There have been additional reports that have demonstrated how illegal
logs are being smuggled out of the last intact rain forest in Asia, in
Indonesia, and then they are made into flooring in China to feed the
high-end markets in the United States and the EU. So the world's final
remaining stands of old-growth teak, for example, are being stripped
from Burma's forests to finance the bloody oppression of the military
regime. The trade in teak and other valuable tropical hardwoods of
Burma and China has reached as much as $350 million in 2005. In some
cases one tree is so valuable on the international market that illegal
loggers will cut a road through dense tropical forests to access it.
The amendment Senator Alexander and I seek to offer--and there are
many bipartisan supporters--would curb illegal logging by making
changes in the Lacey Act, which currently regulates trade in fish,
wildlife, and a limited subset of plants. The Combat Illegal Logging
Act of 2007 would expand the Lacey statute so that violations of
foreign law that apply to plants and plant products would fall within
its protections. This would make it against the law to import timber
illegally harvested and obtained in a foreign country. The act would
change the way people who are importing harvested timber and wood
products do business. That is its intended purpose.
But I will tell you--and then I want to give what additional time I
have left to my friend from Tennessee--I commend the wood products
sector, particularly the American Paper Association, which has worked
so closely with us. As the Forest and Paper Association, as is their
formal name, they have worked diligently with us to make sure the many
wood products firms that have worked responsibly in this area can be
supportive of this legislation. I am grateful to them for their support
and the many environmental organizations that have joined with us.
I see my friend from North Dakota and my friend from Minnesota are
here as well. With their leave, Mr. President, I yield whatever time I
have to the cosponsor of this legislation, I thank him, and we can
conclude our remarks with Senator Alexander.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, I thank the Senator from Oregon. He has
pursued the illegal logging issue in his usual way, with a lot of
persistence and in a bipartisan way as well.
If he has not already done so, I will ask unanimous consent to list
the 22 cosponsors of the Combat Illegal Logging Act he has helped to
recruit, and I thank him for including me as a part of this bill. It is
important to the great Northwest and it is important to the Southeast,
where we have large paper companies, but it is also important to
conservation and to the rule of law in our country.
The Senator from Oregon made a point that is maybe the central point
here when he compared our efforts to stop illegal logging to our
efforts to stop the bringing of illegal drugs into the United States.
We all know the tremendous amount of effort we go to, for example, to
keep cocaine out of the United States. We send millions of dollars to
Colombia and to other countries and we try to stop that. But the real
problem we have is we are a big, rich country, and there is a big
demand for cocaine here. So no matter what we do in the other
countries, the cocaine still keeps coming in, and the same with other
illegal drugs. Here we have a chance to make a much bigger difference
than we can with illegal drugs. We still are creating the demand
problem. This is a country that accounts for 25 percent of all the
wealth in the world. It is a country that perhaps buys a huge volume of
illegal timber from around the world. Well, we can stop that. This is
not a drug addiction, this is a business practice, and it is a practice
we can stop according to the laws of this country. When we stop it, we
will make an enormous difference for our country and for the other
countries.
Let us be absolutely clear. We are talking primarily about the laws
of other countries. We are not talking about imposing American laws on
other countries. We are simply saying if you violate the laws of any
other country in the world, you can't bring those logs into the United
States without violating a criminal law here. If this big economy says
that to the world, we will make a dramatic difference in illegal
logging.
As the Senator from Oregon said, it is an estimated $1 billion a year
in depressed prices and reduced exports. It depresses prices $500
million to $700 million annually. It means the people who play by the
rules in the United States are having money taken from them by
criminals who don't play by the rules in other countries, with the
rules set by other countries; not by us, by other countries.
There are other ancillary benefits--climate change, for example.
There is a lot of talk about that here in the Senate. We are all
looking for ways to deal with that. It may be expensive to deal with,
it may be inconvenient to deal with, but some estimates are that 20
percent of climate change is caused by deforestation. According to the
World Bank, illegal logging accounts for 10 percent, or $15 billion, of
the world timber trade. So if we are able to slow down illegal logging
in other countries, we will be making an inexpensive contribution, from
the American taxpayers' point of view, to dealing with climate change,
and at the same time we will be putting money in the pockets of those
who work in this country in the timber and timber products business.
This is a rare intersection of the rule of law, of good conservation
practices, and of keeping jobs in the United States.
I salute the Senator from Oregon for his leadership, and with his
permission I ask unanimous consent to have printed in the Record the
``Dear Colleague'' letter which he and I sent to our colleagues,
resulting so far in 22 Members of the Senate cosponsoring the Combat
Illegal Logging Act of 2007.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, October 17, 2007.
Dear Colleague: We are writing to ask you to cosponsor S.
1930, the Combat Illegal Logging Act of 2007. This bill
enjoys the support of a very broad coalition that includes
members of the U.S. forest products industry, conservation
community and organized labor, and has already received
bipartisan support from many of our colleagues.
Illegal logging is a criminal activity that often
circumvents a nation's legal process and halts efforts to
establish good governance--by going around a nation's law and
relying on corruption, bribery and theft. It destroys
ecosystems, contributes to carbon emissions, harms often poor
and rural communities, and forces American businesses and
workers to compete against inappropriately low-cost forest
products made from illegally sourced fiber. Illegal logging
costs the U.S. forest products industry an estimated $1
billion per year in depressed prices and reduced exports, and
contributes to ongoing mill closures and job losses.
The Combat Illegal Logging Act changes the incentives that
drive trade in illegal timber. This legislation will raise
the risks for illegal trade without harming legal trade and
will be an important step toward leveling a playing field
currently stacked against the U.S. forest products industry
and importers and retailers committed to trading in legal
wood products. Furthermore, it will also bring the power of
the U.S. market
[[Page S13969]]
to bear on fighting the illegal logging problem and will
reinforce work being done with U.S. tax dollars to improve
governance in forest-rich developing countries.
Organizations endorsing this bill include: American Forest
& Paper Association, Center for International Environmental
Law, Conservation International, Defenders of Wildlife,
Dogwood Alliance, Environmental Investigation Agency,
ForestEthics, Friends of the Earth, Global Witness,
Greenpeace, Hardwood Federation, International Brotherhood of
Carpenters and Joiners of America, International Brotherhood
of Teamsters, Natural Resources Defense Council, Rainforest
Action Network, Rainforest Alliance, Sierra Club, Society of
American Foresters, Sustainable Furniture. Council, The
Nature Conservancy, Tropical Forest Trust, United
Steelworkers, Wildlife Conservation Society, and the World
Wildlife Fund.
We'd be glad to furnish additional information, or your
staff may wish to be in touch with Michele Miranda with
Senator Wyden at 4-5244 or LaTonya Miller with Senator
Alexander at 4-7198 if you would like to cosponsor this
important legislation.
Sincerely,
Ron Wyden,
U.S. Senator
Lamar Alexander,
U.S. Senator
Mr. ALEXANDER. The value of this letter is to highlight the
organizations endorsing the bill, ranging from the American Forest &
Paper Association, to Defenders of Wildlife, to the Friends of the
Earth. That is pretty good company in which to be.
Again, I thank the Senator from Oregon. I hope very much that the
Senate will agree to this amendment. It may seem like a small step, but
it will put money in the pockets of American workers. It will help with
climate change. It will uphold the rule of law in our country.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota is recognized.
Mr. CONRAD. Mr. President, I rise this evening to urge the White
House to back away from their threats to veto the farm bill that is
presently before the body. I think the White House would be much better
advised to wait until congressional debate has concluded before making
any final judgments on this bill.
In fairness, it should be pointed out the veto threat that came out
of the White House today was not from the President. It is very
interesting what did come out. This is the staff of the President
saying, if the farm bill were sent to the President's desk, they would
recommend to the President that he veto the bill.
Now, all of us know the dance that goes on in Washington on major
legislation, and we all know this is negotiating leverage for the
conference committee to come when the differences are worked out
between the House and the Senate. So that is what is really going on.
The fact is, this farm bill is fiscally responsible. It helps our
Nation's farmers and ranchers. It promotes new sources of energy,
reduces our dependence on foreign oil, enhances conservation, and
improves nutrition. But it does it in a way that is paid for and is
within the budget.
I saw that some administration sources were asserting that there is
somehow $36 billion of extra money in this bill. That is truly a
concoction, $36 billion. Let's be clear. This bill costs $288 billion.
The baseline is $280 billion. In other words, if we were just to have
the same farm bill for the next 5 years as we have had for the past 6
years, it would cost $280 billion. This bill costs $288 billion. That
is an $8 billion difference, not a $36 billion difference.
Why do we have more money than the current farm bill? Because the
world has changed. We are trying to adjust the farm bill to deal with
the new reality. What is that new reality? There is an energy
opportunity for America, and this farm bill attempts to seize that
opportunity. What is the opportunity? It is the chance to reduce our
dependence on foreign oil.
Here are some key facts to remember about the bill. It is a 5-year
bill. Its costs beyond 5 years will be determined in the next farm
bill. So when the President's people take the 5 years of this farm bill
and then extend it and look at its 10-year cost, that is not this bill.
This bill is a 5-year bill. It is fully paid for. It complies with pay-
go. It does not add one dime to the Nation's debt.
In fact, it cuts commodity title payments by $7.5 billion over 5
years. Those are the provisions that have drawn the most fire. It
tightens payment limitations and eliminates loopholes. Notably, it ends
the three entity loophole that has allowed some operators to
effectively double their Government payments, and it begins direct
attribution, requiring that Government payments be directly attributed
to an individual.
The farm bill also keeps commodity program outlays which have been
singled out for criticism in the media below CBO's August 2002
baseline, the baseline used in drafting the last farm bill. In other
words, we can expect farm bill commodity program costs to remain below
the level anticipated when the last farm bill was drafted.
This is what the last farm bill projected would be the cost of
continuing those provisions. That is the red line. Here is the
projected cost of the new farm bill, far below what the estimates were
when the last farm bill was written. In other words, if we look at
commodity programs, those are actually only 14 percent of this farm
bill, commodity programs, but it seems to be the area that draws the
most controversy.
But somebody apparently has not informed the administration or the
White House that if you extend the Congressional Budget Office's
baseline for commodity programs and compare it to this farm bill, this
farm bill is well below what the last farm bill would have cost if it
had just been simply extended.
So there are real savings. Over the next 5 years we can see the total
farm bill outlays, including baseline farm spending, and this new farm
bill will make up only 1.9 percent of total Federal outlays. In other
words, this is the current bill we are working on now.
If you look at the total of Federal outlays, and you look at what
this farm bill will cost, total cost is 1.9 percent of total projected
Federal outlays during the period. The last farm bill was well over 2
percent. So as a share of Federal spending, agriculture's share is
going down, and the commodity provisions that are so controversial are
going down significantly.
In the last farm bill, commodity programs cost less than 1 percent,
three-quarters of 1 percent of total Federal spending. But in the new
farm bill that will be down to one-quarter of 1 percent. Still people
complain. My goodness, I do not think they have any idea what they are
talking about. I really do not.
The total farm bill has shrunk as a share of the total Federal
budget. Commodity programs have shrunk dramatically as a share of the
total Federal budget. It is worth noting that the cost of extending the
2001 and 2003 tax cuts dwarfs the funding in this farm bill. In fact,
when shown on the same chart, the 2007 farm bill funding is barely
visible.
This farm bill funding is fully paid for. It is ironic that some of
the same people who complain about the farm bill funding are calling
for the far more expensive extension of the 2001 and 2003 tax cuts
without paying for a dime of it. And they are trying to talk about
being fiscally responsible.
Look here. The President wants to extend the 2001 and 2003 tax cuts.
Here is what that costs. Here is what extending the 2007 farm bill
funding is.
There is no comparison. There is just no comparison. So if we are
talking about being fiscally responsible, let's get real.
In addition, when I say this bill is paid for, it is just not my
claim, this is the assessment of the Congressional Budget Office. They
have analyzed the bill. They say it is fully paid for. In fact, they
say: In the 5 years of the bill, there is a savings, when everything is
taken into account--the spending, the offsets--that we have $61 million
left over from 2008 to 2012, $61 million to the good. So there is not
one penny added to the deficit or the debt as a result of this farm
bill.
The administration has claimed this farm bill includes tax increases.
That is wrong. This bill does not include tax increases. It does
include loophole closers that have very strong bipartisan support. For
example, it would codify the economic substance doctrine prohibiting
businesses from using certain tax avoidance schemes. It revokes tax
benefits for leasing foreign subways and sewers. I know this is hard to
believe, but there are actually companies and individuals who are
reducing their
[[Page S13970]]
U.S. taxes by buying foreign sewer systems, depreciating them on the
books for U.S. tax purposes, and leasing those sewer systems back to
the European cities that built them in the first place.
Does anybody consider that a tax increase? I do not. I think it is
cutting a tax loophole. It increases penalties for failure to file
correct information returns, and it denies deductions for certain fines
and penalties. I do not consider any of those tax increases.
Let's go to the next slide because I want to rivet the point. One of
the ways of paying for the farm bill, or at least a part of it, is to
shut down this scam. This is a picture of a European sewer system. And
you do have to wonder, what has a European sewer system got to do with
the American farm bill? Well, one of the things we found is, some
companies and some wealthy individuals are actually buying sewer
systems in Europe, depreciating them on the books in the United States
to reduce their tax burden, and then leasing them back to the cities
that built them in the first place.
Now, I know this sounds too fanciful to be true, but it is true. And
it does not apply just to sewer systems. We have people who are doing
this with European city halls. They are buying European city halls,
depreciating them on their tax bills here, and then leasing them back
to the European cities that built them in the first place. That is just
a scam. So we are shutting down that scam. I do not think that is a tax
increase. I think that is shutting down an abusive tax loophole.
The fact is, we actually cut taxes in this bill. Here are the tax
cuts that are provided: $7.3 billion for conservation, including a tax
credit for farm land, and a conservation reserve program, $2.5 billion
for energy initiatives, including a tax credit for small producers of
cellulosic fuel, and $800 million for agriculture and rural areas.
Tax relief. That is what is in this bill. Tax relief. But it is paid
for. The entire bill is paid for. The administration has also
complained that this bill contains sunsets. I would remind my
colleagues this is a 5-year bill. And some of the programs, if we would
extend them, would go on for more than 5 years. But we do not have
unlimited means, so we have had to cut things off. What does that mean?
That means when they write the next farm bill, those things are going
to end unless somebody finds new money or savings to pay for them. That
is how we always write legislation.
We cannot determine what is going to happen 10 years from now. This
is a 5-year farm bill. Over the 5 years, this is the point I want to
make: This bill is fully paid for. There is no budget point of order
against this bill. None. This bill fully complies with pay-go. The only
difference between this bill and simply extending the current farm bill
is we have added less than 3 percent for energy initiatives to reduce
our dependance on foreign oil and for certain conservation measures to
further protect our vital resources. Every dime of it is paid for. That
is the fact.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. COLEMAN. Mr. President, I thank the Senator from North Dakota.
There has been a lot of discussion about this being a costly bill. It
was worthwhile for me to sit here and be reminded again of the nature
of this investment, the fact that things we are doing in renewable
energy are the future of America. It is not just about taking care of
some Minnesota and North Dakota farmers. Every gallon of gasoline we
replace with ethanol is less money in the pockets of thugs and tyrants
such as Chavez and Ahmadinejad. I thank the Senator from North Dakota.
If you recall the last farm bill, there was a lot of discussion about
whether the President should veto that. Now we look back and across the
board folks are saying that was a good farm bill. That was a bill that
in the end cost less. It kept the safety net in place. We moved forward
with a new world of opportunities with things such as renewables. So we
have this discussion again. I hope we pass this farm bill, and I hope
it gets signed.
The farm bill begins by stating its necessity due to the fact that
``the present acute economic emergency being in part the consequence of
a severe and increasing disparity between the prices of agricultural
and other commodities, which disparity has largely destroyed the
purchasing power of farmers for industrial products, has broken down
the orderly exchange of commodities, and has seriously impaired the
agricultural assets supporting the national credit structure . . . ''
This is not the start of the 2007 farm bill. It is an excerpt from
the very first farm bill of 1933. When that farm bill was written in
1933, net farm income was only one-third of what it was 3 years prior.
Food went wasted in the field, while Americans went hungry because of
depressed commodity prices. There was no safety net. It was such a time
of crisis that folks from across my State of Minnesota came together
with farmers from the Dakotas, Iowa, and Nebraska to protect each
other's homes, farms, livestock, and machinery from being taken through
foreclosure.
The Senate Agriculture Committee has proven that like minds from
these States still collaborate to save the family farm. Today I come to
the floor as part of a bipartisan multiregional coalition not just from
the Midwest and upper Midwest but from all across this great Nation. On
the Ag Committee, we came together under the leadership of Chairman
Harkin and Ranking Member Chambliss and my friend from North Dakota,
Senator Conrad, to build a stronger food safety net for working
families, an ag safety net for farm families. Over the next several
days, the U.S. Senate will have the responsibility to pass a farm bill
that will ensure Americans can meet the bare requirements of human
subsistence.
In today's world, relentlessly focused on the future, it can be
difficult to reach back into the past and conceive of a time before
food stamps, conservation programs, and a farm safety net. It doesn't
seem possible that in this country hunger was widespread, massive
clouds of dust roared from State to State, and farmers couldn't make
enough money from their crops to even make harvest worthwhile. Yet our
past bears witness to these struggles. Since these difficult years,
Congress has struggled to perfect the omnibus legislation we call the
farm bill.
In 2007, with the bipartisan bill produced by the Senate Agriculture
Committee, I believe we move closer yet to our final goal of crafting a
smarter, stronger safety net. As the Ag Committee has labored over the
last several months to build this bill, I have worked with my
colleagues from both sides of the aisle to secure a number of
priorities for my State of Minnesota. This bill not only strengthens
the farmer safety net but helps meet the food security challenges of
America's low-income families, makes a bold commitment to renewable
fuels, and boosts investment in renewable fuels and conservation.
As the ranking Republican on the Nutrition Subcommittee, I am proud
of this bill's efforts to assist those Americans dealing with food
security issues. This bill now provides an additional $5.3 billion in
funding for nutrition programs, such as stamps and the emergency food
and assistance program, TEFAP. The Food Stamp Program, which assists
over 260,000 Minnesotans, will be significantly strengthened. We will
stop inflation from creating greater benefit erosion in the Food Stamp
Program and encourage savings among low-income families. During the
markup, I fought to bring the bill's funding for TEFAP, which provides
valuable resources to our food banks and homeless shelters, up to the
same levels as the House bill. We have found the funds to meet this
need, providing an additional $10 million a year.
If you believe everything you read in the editorial pages, you might
conclude that this bill funds farmers at the expense of the poor, but
that isn't true. Nutrition spending now makes up over 66 percent of the
farm bill, while we have found in the Ag Committee $7.5 billion in
savings in the commodity title. These savings come from programs that
cost $22 billion less than was expected when the 2002 farm bill was
passed. My colleague from North Dakota has laid that out. This is a
bill wherein the commodity program baseline is lower than the estimate
of the 2002 bill. This is a bill where the percent of dollars that goes
to farms as a percentage of Federal spending is substantially lower
than in the 2002 farm
[[Page S13971]]
bill. Meanwhile, we manage to preserve the basic structure of the
safety net for our farmers who feed and fuel this Nation.
For years now as I have driven across the great State of Minnesota, I
have been hearing from farmers who have told me the 2002 farm bill
worked. Families growing various crops told me we needed to make some
adjustments. This bill makes needed updates for sugar, barley, wheat,
and soybeans, among others. The bill includes a reauthorization of the
dairy safety net, including the MILC Program, restoring it to the 45-
percent payment rate. The committee included my proposal to create a
farm storage loan program that works for today's farmers.
I proudly support the new permanent ag disaster program we now have,
thanks to the leadership of Senators Baucus and Conrad, that will lend
farmers a helping hand when faced with natural disaster. The faces of
thousands of hard-working farmers I have seen over the years come to
mind as I consider the importance of the farm bill safety net. I also
reflect on the health of my State's entire economy, the survival of
small towns on country roads. In Minnesota, the agriculture and food
industry is the second largest employer, with two-thirds of all
agricultural jobs being off farm in processing, distribution, supply,
and service sectors. We rank fifth nationally in farm exports and
lead the Nation in sugar beet and turkey production. All of Minnesota
needs a strong safety net for our farmers.
Nationally, the farm safety net is critical to every taxpayer, to
every American. First, we all need food. Thanks to our farmers, U.S.
consumers spend 10 percent of their income on food, the lowest
percentage in the world. For every dollar Americans spend on food,
farmers get only 20 cents. Our entire economy benefits. Some folks
forget that agriculture employs 20 percent of the U.S. workforce,
accounts for roughly 20 percent of the Nation's GDP, and is America's
No. 1 export.
Beyond preserving the safety net for rural Americans who work in
agriculture, this bill provides significant mandatory funding for key
rural development programs to build vibrant rural communities,
including $50 million to rehabilitate small rural hospitals, $20
million to protect rural drinking water, and provisions to encourage
local ownership of ethanol plants.
To revitalize our rural economy, this includes the rural renaissance
legislation I worked hard to pass with my colleague from Arkansas,
Senator Pryor, that will provide $400 million in tax credit bonds to
finance rural infrastructure projects such as water and wastewater
treatment projects.
I have no doubt Minnesota is similar to Colorado. We have small towns
that simply don't have the tax base to do the infrastructure they need.
This bill will provide some opportunity to assist those small rural
communities with infrastructure.
Another key to renewing Minnesota's rural communities has been the
production of renewable fuels as our farmers work to reduce dependence
on foreign oil. In the Ag Committee, we worked to take the next step in
helping power ethanol plants with crop biomass and diversifying our
biofuels feedstocks to include cellulosic and sugar. All in all, this
bill delivers over $1 billion in additional investment in the energy
title. It will also help equip our existing corn ethanol plants with
the latest in renewable technologies, with $422 million for competitive
grants and loan guarantees. The future is cellulosic. We know that with
corn we can do about 15 billion gallons of ethanol. We consume 140
billion gallons of gasoline each year, projected to go up to 180
billion. Cellulosic is the future. This bill provides a pathway to
accelerate us reaching that future.
This bill helps farmers transition to the production of biomass
crops. We provide over $200 million to help farmers with production,
harvesting, transportation, and storage costs. I am hopeful one day we
will see a cellulosic ethanol plant in Kittson County, MN. This bill
will bring us closer to that reality. Meanwhile, this bill includes a
sugar ethanol program which I have long advocated. If Brazil can do it,
we can do it. They made a commitment in the early 1970s to ethanol.
They do it with sugar. They didn't let up to that commitment when oil
prices went down. They stayed the course. As a result today, Brazil is
not dependent on foreign oil.
We need to have that same commitment, that same persistence. Sugar
should be part of it. That opportunity is in this bill.
Finally, I have been concerned that those living near ethanol plants
continue to have an opportunity to invest in these renewable
opportunities. I am thankful to the chairman and ranking member for
including my local ownership amendment to ensure communities continue
to hold more of the value created by these plants in their small towns
through ownership. On top of all these investments, this bill still
manages to include the single largest investment in conservation this
Nation has ever seen. Specifically, the bill increases funding for
major programs such as the Wetland Reserve Program, the Conservation
Stewardship Program, and the Grassland Reserve Program, as well as
protecting 39.2 million acres allotted for the Conservation Reserve
Program.
This bill also includes Open Fields, a critical, voluntary program to
encourage property owners to allow public access for hunting and
fishing. All in all, the bill increases conservation funding by $4.4
billion above the current budget baseline, which will mean increased
wildlife habitat, cleaner water, and a healthy environment for all of
us and it is paid for.
No bill of this size is going to be perfect. But I believe when the
sum of these accomplishments is measured, folks will realize what an
achievement this is. Of course, some will continue to criticize.
Despite including what I consider to be great advances in farm
nutrition, conservation, rural development, and energy policy, coupled
with dramatic reforms, there no doubt will be detractors who look at
this farm bill and cry that more reform is needed. They will argue that
money should not to go factory farms. It should go to nutrition,
conservation, and energy instead.
As I have traveled around Minnesota, I don't see factory farms.
Instead, I meet family after family, such as the Meyer Family in
Nicollet County. They let me know how important the farm safety net is
to them. They told me the advent of renewable fuels, what it has meant
to them in terms of transforming their farming operation, has had the
same impact that electricity had for their grandfather. That is the
path to hope and opportunity we are on. That is the path this farm bill
fosters. I wholeheartedly agree this farm bill should invest more in
nutrition, conservation, and energy. This bill makes remarkable strides
in these areas. In fact, nutrition spending will grow to represent two-
thirds of the bill's total spending. I also believe we need to reform
to prevent nonfarming millionaires from getting farm payments and close
loopholes to get around payment limitations. Ted Turner and Scottie
Pippen should not get farm subsidies. This bill closes the loophole. It
succeeds in doing that by the most aggressive farm payment reforms to
date, by lowering the adjusted gross income limit from $2.5 million to
$750,000 by 2010, while eliminating the three-entity rule and commodity
certificate loopholes. No one wants multimillionaires to be getting
farm subsidies. This bill says that doesn't happen.
Again, some critics will say reform is not enough. I urge these folks
to talk to Senator Chambliss, talk to my colleague from Arkansas,
Senator Lincoln. Ask them how tighter restrictions under the banner of
reform will throw a disproportionate burden on their farmers, rice
farmers and cotton farmers who have a greater cost of production for
cotton and rice than in other regions of the country. Farm bills are
about achieving broad bipartisan compromise for the good of the
American people. This bill meets that standard and deserves this body's
support.
I finish by asking my colleagues to take a look at the frescos that
line the corridors of the hall of columns next time they find
themselves on the House side. Written near the top of one of the walls,
there is a quote by Carl Sandburg that reads:
Whenever a people or an institution forgets its hard
beginnings, it is beginning to decay.
The Senate must not forget this Nation's struggles on the farm and on
the
[[Page S13972]]
dinner tables before our farm and nutrition safety nets existed. We
cannot afford to forget how far our farm bills have come since 1933. We
have come a long way over the last 75 years in building a thriving
agricultural economy, responsible conservation policies, and responsive
nutrition programs. I urge my colleagues to join me in supporting this
farm bill, which builds on the steady gains agriculture has made and
continues the economic prosperity it has fueled.
I yield the floor.
The PRESIDING OFFICER (Mr. Menendez). The Senator from Arkansas.
Mrs. LINCOLN. Mr. President, I rise to add my remarks to this debate
on the Food and Energy Security Act of 2007. I see our chairman of the
committee in the Chamber. I wish to say a personal thanks to him for
his leadership and hard work, along with his staff, who worked
diligently through the committee process to really come together.
My colleagues, including Senator Coleman, who is on the committee as
well, working with others--Senator Conrad has been here--those of us on
the committee have worked so hard to come up with a compromise, a bill
that is practical and realistic but also actually exhibits reforms that
many people have been asking for. But the bill also moves forward in a
progressive way, a way I think Americans can be proud in the values and
the priorities we set. So as a member of our Senate Agriculture
Committee, I am extremely proud of the product our committee has
produced.
A lot of time and energy was put into the committee bill to ensure we
maintain the blessings we have here in American agriculture. Staff and
the members worked hard to come up with a good compromise, a compromise
that respects and appreciates the diversities across our country and
the great wealth and bounty of what our Nation has.
The farm bill does many other good things. Several of my colleagues
have already touched on those. Our investment in nutrition,
conservation, rural development, and energy programs has been
dramatically increased. All of these things will benefit our country
greatly.
As one of the cochairs and cofounders of the Senate Hunger Caucus, I
find it very important that we focus, through this bill, on nutrition.
I hope others do, and I hope they are willing to look for resources we
need to make sure we pay for that, that we are serious about nutrition,
and that we are going to continue to work on that. My faith requires me
to look after the poorest among us, and I am very pleased the committee
bill provides an additional $5 billion increase in programs targeted at
reducing food insecurity among our children and our elderly, among our
low-income and those who are in need.
Conservation is a big part of this package as well. The chairman has
been a tireless advocate for conservation programs. I am pleased that
once again he has produced a bill that is progressive in this area. It
ensures that we are the best stewards of the land we possibly can be
and that we will leave our children the environment they deserve.
Having grown up on a farm myself and recognizing that my dad, as a
farmer, was one of the greatest conservationists I could ever meet--he
was conscientious with the way he handled his land. He knew it would be
there for future generations if he took good care of it. He also knew
if he took good care of that land in the current, it would produce the
crops that would provide for our family. So conservation is an
essential part of who we are as Americans. What is exhibited in this
bill is a step forward--a large step forward--in a very progressive way
of how we have invested in conservation.
Rural development is also well represented in this bill. Again,
growing up in rural America, it is so important to see the investments,
whether it is investments in small businesses and entrepreneurs. The
broadband effort we have made here is incredibly important.
I have a gentleman who bought property in Arkansas to retire on. He
was not going to move there for another 10 or 15 years. When he
realized his business actually could access three major cities across
this country and access those cities through the technology he needed
to use, he decided to move to Arkansas ahead of time, ahead of
retirement, because it was a place he wanted to be.
The outmigration we have seen from rural America has been caused
largely because of a lack of opportunity. In rural development, we
provide not only many of those tools to help development, help
entrepreneurs and small businesses grow their businesses, but we
provide for communities to invest in their infrastructure so it will be
a desirable place for people to build their businesses and raise their
families. That is important.
Reducing dependency on foreign oil is absolutely critical, and we
know that as a nation now. We see the passion in Americans for wanting
an alternative and renewable energy source. In this bill, we have the
beginnings, particularly of making sure that not only we lessen our
dependence on foreign oil but we do so in a way that is good for the
environment. It provides an additional marketplace for our producers
with their commodities.
We have a win-win in this situation, with all of these things we have
brought together in this bill. Yet many of them are new programs over
the last couple of decades in terms of the farm bill in our outreach.
It is essential that we recognize the investment we are making in this
bill and that we do not tarry in getting it passed and that we make
again the assurances to hard-working families, both on the family farm
as well as in rural America, that we do believe in them, that we do
believe as a government in investing in who they are, what their values
are, and the contribution they make to the fabric of this country.
Most importantly, to me, as the mother of twin boys, the farm bill
does something we should all be very proud of: It ensures our Nation,
the working families of this country, and the children of this Nation,
a safe and affordable domestic supply of food and fiber. We are the
envy of the world in how we can do that. Not only do we do it most
efficiently and effectively, we do it by keeping the cost of our food
per capita the lowest of any developed country in the world. We do it
with respect to our environment. It is the envy of the world. Many of
my colleagues and most, if not all, of the media seem to take that for
granted when we bring up this bill. It is something we should never
lose sight of in this debate. As a mother, when I go to the store and I
know and can see what it is I am purchasing, knowing those crops and
those food sources--domestically produced--can ensure for me a quality
food source and sustenance of life for my family, that is
unbelievable--again, the envy of the world.
We look at what comes out of the media. One day they are reporting
about the dangers our Nation is facing with unsafe food entering the
country or the atrocities of outsourcing jobs, and the next day they
are on the front page of the news criticizing farm programs that keep
production agriculture here at home and level the disparities in global
agricultural trade that U.S. farmers face abroad. The markets out there
are not that open to certainly the commodities we grow in our region of
the country.
But we are a diverse nation. Our crops are different in each region
of the country. For that reason, we have several different programs to
support individual commodity needs. In the Midwest, with corn, sugar,
sugar beets, and fruit and vegetable producers, they enjoy several
different programs outside our traditional farm programs to provide
them the support they need to continue producing right here at home.
They are different programs than my growers would probably access, and
they have different rules for those programs. With sugar, we limit the
access for foreign competition into the U.S. market. For corn, we
provide several different provisions in law that support those
producers, in addition to traditional commodity programs. We mandate a
market through the renewable fuels standard. We provide a tax credit
for blenders, and we protect ourselves from foreign competition to give
this industry a chance to grow and an opportunity to reduce our
dependency on foreign energy.
In other States across our country, in fruit and vegetable regions of
our country, in addition to the nearly $3 billion worth of incentives
for this industry,
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we provide a planting restriction to limit competition from producers
of other commodities.
Oftentimes, we are told in the South: Why don't you just grow
something else, something different that may be less difficult or less
of a problem in the international trade market? Well, in many
instances, we are unable to do that because of planting restrictions.
But I am proud of the recognition of this diversity, and I am proud to
have supported these initiatives tirelessly on behalf of the hard-
working farm families in other regions of the country.
I have also fought hard to ensure that American agriculture gets the
respect it deserves in the world marketplace because, as the budget
chairman pointed out yesterday with his now famous charts, the world
market for our farmers is not free or fair. My message is simple: We
should meet our global competition, and we should not unilaterally
disarm our farmers in the global marketplace.
The unfortunate reality is that our global agricultural competition
is heavily subsidized, and their markets are closed to agricultural
goods that my State particularly produces. We have to fight hard for
the small bit of market access our crops need in those other countries
and in those trade agreements. As a result, we have grown our
operations to create an economy of scale that allows us to be
competitive. If we are not careful, with the tighter payment limits, we
are going to make our producers of staple commodities such as rice less
competitive internationally. As I have pointed out, rice and cotton
face much greater international competition than any of the other
commodities we are discussing in this bill.
So our point, with these commodities we have and what we face in that
global competitive marketplace, is: Yes, our program might need to be
just a little bit different, kind of like the sugar program or the corn
program and the supports they need. I did not invent the global
subsidies in agriculture, but I am committed to ensuring that the
Senate helps our farmers meet the global competition.
Working with both Chairman Baucus and Senator Grassley on the trade
aspects, through the Senate Finance Committee, and the Office of the
USTR, we are going to continue the fight. I am going to continue to
fight to ensure that global access is there for us. As we do that as a
nation, I think it is our responsibility and duty to provide the
support programs our farmers need. To not do so will simply result in
an outsourcing of our food supply and our jobs in rural America.
Within the WTO negotiations, we have asked our trading partners to
reduce their subsidies and their tariff levels on U.S. agricultural
products. What we have said is that we will come down further and
faster on our subsidy programs, on our support programs. But the
response from the rest of the world has been abundantly clear to us:
No, thank you, America. We don't want to bring down our subsidies. We
don't want to bring down our supports. We want you to. But, no, thank
you very much. We are not going to do that. You go right ahead. You
lower your subsidies, and we will simply hang on to ours.
Here at home I have heard some of my colleagues and mostly media
outlets that have said we needed to lower the caps on programs. Well,
guess what. The committee bill does just that. It lowers the overall
cap from $360,000 to $100,000.
I have also heard we needed to address the loophole that has allowed
producers to avoid the caps. The committee bill does just that. It
eliminates both of the loopholes most frequently cited--the three-
entity rule and the generic certificates.
I heard we needed transparency, so the committee bill--yes, the
committee bill we bring before this Senate--adds direct attribution,
which will track payments directly to an individual farmer. Now, let me
be clear. This is only for traditional, what we refer to as ``program
commodities,'' not sugar or dairy or ethanol. They will not have direct
attribution. But in this bill we provide direct attribution for the
traditional program commodities. As I pointed out, those programs
operate in a slightly different fashion to provide support to their
farmers because we have a lot of different farmers in different regions
around this great country.
I heard we needed to disqualify millionaire nonfarmers, those who are
walking around Fifth Avenue or Hollywood. So in the committee bill we
do just that. We move the adjusted gross income means test from its
current level of $2.5 million to $750,000.
Now I notice my colleague Norm Coleman bringing up celebrities such
as Scottie Pippen. But the fact is, Scottie Pippen won't be affected,
because most of those individuals--or certainly a large amount of
them--are reported because of their conservation payments. These are
contracts they enter into with the Federal Government for contracts on
conservation, putting their land into conservation. Many of them will
have an adjusted gross income above that level, but they will still be
listed and they will still be getting their payments, because they have
entered into that contract. We don't put an AGI means test on the
conservation program. I think that is important for people to
understand. Those people very often are not getting program payments;
they are getting conservation payments.
My sincere hope is this will all be seen as what it is. It is a good-
faith effort on my part and the members of the Agriculture Committee--
all of the others on the committee--to address concerns and to
recognize this is the most significant reform in the history of our
farm program. We have made a tremendous progressive effort on the
issues that are important to people, both reform as well as nutrition
programs, conservation, energy, renewable energy. Now we have some
time, it seems, to discuss what this farm bill does and doesn't do.
I am appreciative of this time, because throughout my career I have
tried to look after family farmers and to respect the needs of farmers
in every region of this great country. I have tried to do that first
and I have tried to assist them in providing our Nation and the world
with the bounty they do. It is something we far too often take for
granted, the blessing of living in this country, knowing there is an
affordable, abundant, and safe supply of food and fiber for the people
of this country. We in this country are fortunate. We are fortunate to
have this bounty. I am not going to let anyone in this Chamber forget
it. I am not going to allow anyone to send this bounty to some foreign
land never to be seen again in this country, to outsource the
opportunity that hard-working farm families in this country have to do
what it is they want to do most and what they do most effectively, and
that is to provide this country with that safe, affordable, and
abundant supply of food and fiber.
I look forward to the discussion ahead of us. I have to say if there
is one unfortunate thing I find in all of this discussion, it is that
there are those people who would choose to misrepresent the facts. When
they misrepresent the facts, it breaks down the process. It breaks down
the process from what is real. What is real is those of us on the
Agriculture Committee who have come together in good faith to produce a
bill that makes sense; something everybody can support and that
respects people all across this country. My hope is we will continue
this conversation, and that those who choose to misrepresent the facts
can be countered or at least corrected, and those of us who want to
work hard to come up with something that makes sense, that we can
continue to do so. I look forward to that debate. I look forward to
working with my colleagues. Senator Grassley and Chairman Baucus are
here on the floor. They have done yeoman's work on behalf of farmers
across this country, and I look forward to continuing to work with
them.
I yield the floor.
The PRESIDING OFFICER. The Senator from Iowa is recognized.
Mr. GRASSLEY. Mr. President, I know it is my turn to speak, but out
of deference to Senator Baucus who is negotiating on the Children's
Health Insurance Program, I ask unanimous consent that he go before me,
and then I ask that Senator Tester would follow him, because I don't
want Senator Tester to have to sit around and listen to me. Then I ask
unanimous consent after those two, I be the next in line.
The PRESIDING OFFICER. Is there objection?
[[Page S13974]]
Without objection, it is so ordered.
WRDA
Mr. BAUCUS. Mr. President, I thank my very good friend from Iowa.
Senator Grassley is a true gentleman and I deeply appreciate the
courtesy he is offering me, as well as my colleague Senator Tester.
A few moments ago, the House voted to override the President's veto
by a vote of 361 to 54--361 to 54--clearly overriding the President's
veto on the WRDA bill. I stand here today asking the Senate to do the
same. We too should have a very strong vote to override the President's
veto. If the House can vote to override, certainly the Senate can too.
This conference report, as we all know, provides authority for the
Army Corps of Engineers to move forward on many very long overdue water
resource projects. Let's not forget the West's battle with drought and
the coasts' recurring struggles against Mother Nature's harsh storms
that highlight the pressing need to address our water resource needs. I
saw a very alarming article not too long ago, 2 or 3 weeks ago, about
the effects of climate change and global warming. It is not just the
ice sheets melting and the coastlines rising; there is also increased
drought--increased drought in the Southeast and in the Southwest,
especially the Southwest. It is tough enough for my part of the country
where the average precipitation is about 13 inches a year. That is all
it is. I think in Washington, DC, the average precipitation is around
40 inches. In the northern high plains States where we desperately need
these projects, the annual precipitation is again about 13 to 14 inches
a year. We need help.
I must say too it is important to keep in mind that since 1986,
Congress enacted legislation known as the Water Resources Development
Act, otherwise known as WRDA. Every 2 years since then, Congress has
received a WRDA bill from the administration, seeking authorization for
water resources projects. These requests provided the Corps and local
sponsors with a regular planning schedule.
It is kind of like the highway bill. We have people in our country--
the highway bill clearly is the contractors and the States--some
ability to plan for the future. That is why we have 5- or 6-year bills.
The same is also true with the Water Resources Development Act. We need
to give some sense of predictability and some sense of certainty to
people so they can plan for projects, in this case the Corps.
I must say, however, that the administration has not requested one
update of the program--not one--since the year he has been President.
So the question is, Why? Why has the President not suggested an update
in the program? Well, according to the President, this is not a
priority. He says the Congress is not being fiscally responsible. I
have to disagree. He is not accurate. Why? Well, one reason is the
costs in this legislation reflect an accumulation of projects that need
to be authorized because we have not had a WRDA bill for over 6 years.
It stands to reason that if we haven't had an authorization for over 6
years, clearly the costs are going to go up a little bit.
Investing in our water infrastructure is a cost we cannot afford to
put off. I submit it doesn't make any sense to turn our backs on all of
these water projects because otherwise they continue to crumble, they
continue to erode, and it does not make a lot of sense. In fact, many
people are worried about America's competitiveness, and I am one who
thinks we do not pay enough attention to our infrastructure; that is,
if we are going to compete in the future, we have to have strong
highways, we have to have a power system, a telephone system, and we
need to have a very good water resource system. We have to get water
where it is needed because if we don't, there are going to be huge
costs not just in the immediate term but also in the long term.
It is very important that this legislation, in my judgment, pass.
There are several projects in this bill in the State of Montana, my
home State. One is the Yellowstone River and Tributaries Recovery
project, and another is called the Lower Yellowstone project at Intake,
MT; third, the Missouri River and Tributaries Recovery project; the
Upper Basin of the Missouri River project, and a riverfront
revitalization project in Missoula, MT. These projects will all improve
and protect our valuable water resources.
The old saying about whiskey and water: You fight over water. Whiskey
is for drinking, water is for fighting over. It is because water is
such a precious and valuable resource.
There is also an important authorization for a very important project
in my State of Montana, and that is the rehabilitation and improvement
of an aging water project we call the Hi-Line. If you look at the State
of Montana, it is a highway that goes across northern Montana. We call
it Hi-Line. It is as though we are high above the Earth because we go
across northern Montana and up there, there is something called the St.
Mary Diversion. It is a Federal project built years ago. It is a mess.
It is dilapidated and crumbling. I have been up there not too long ago.
I have been up there a couple of times. I am embarrassed that the U.S.
Government has not kept up the system, not kept up the operation, and
not kept it going. I am embarrassed and I feel bad, and in fact I am
angry that half of the people in the area--it is an Indian reservation
as well, and a lot of people have moved off the reservation, and we
have to address this. This legislation does address it. It is very
important. Without it, I might add, the Lower Milk River, which falls
out of the Diversion, would go dry 6 out of every 10 years. Without
this St. Mary Diversion, the Milk River would go dry 6 out of every 10
years. That is 60 percent of the time. This affects thousands of
Montana families.
If you have been up on the Hi-Line, if you have been on the Milk
River, you will get a sense and a feel for how valuable this is. It is
our lifeblood. The President might not think these projects are a
priority. I certainly do.
This conference report authorizes projects that will provide needed
flood and storm damage protection, as well as a lot of navigation
improvements and a lot of environmental restoration. There is also
authority here that is so important for rebuilding and restoring the
coast of Louisiana devastated by Hurricanes Rita and Katrina, and
authority for modernizing the lock and dam system on the Mississippi
River, and authority for ecosystem restoration projects from New Jersey
to Florida to Colorado--all vitally important.
The 1986 comprehensive WRDA bill was enacted after a 16-year deadlock
between the Congress and the executive branch. The deadlock we see
today between the Congress and the President is about priorities. What
are our priorities? What are America's priorities? What are the
priorities of our country? The Congress has set priorities and enacted
this legislation. The American people clearly value--and it goes
without saying--the water resources of our country and our need to
invest in them. The American people see this as a priority.
Again, the conference report passed the Senate by a strong 81-to-12
vote, clearly enough votes to override a Presidential veto, and the
House voted moments ago very strongly to override the President's veto
361 to 54. So let's not delay any longer. Let's get this conference
report enacted with a very strong vote and override the President's
veto. We already did it in the House. Let's do it in the Senate when
the time comes--I think it is tomorrow--and then we can get on with
developing these projects, and we can be very proud of doing something
in the Congress that is very worthwhile.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Montana is recognized.
Mr. TESTER. Mr. President, I want to say a few words about this farm
bill. Before I start, though, I thank Senator Grassley for allowing me
this time to speak. I certainly appreciate his hospitality.
This farm bill is one of the most important pieces of legislation we
will vote on this year. Along with the members of the committee, I
thank Chairman Harkin and Ranking Member Chambliss for their hard work
on this bill in committee. This farm bill just doesn't affect farmers
and ranchers and folks who need nutritional assistance; it impacts all
Americans and it ensures that food in this country is secure.
Our agricultural policy has created the most dependable and
affordable food system in the world. Americans have incredible choices
at the grocery store. We have high quality and safe
[[Page S13975]]
food, and our supplies and prices are stable. What makes this stability
possible is a comprehensive farm bill that helps set national
priorities, keeping our family farms and ranches productive and food on
America's tables.
I bring a different perspective to the farm bill than a lot of my
colleagues. I am a third-generation farmer. My wife and I farm the same
land my grandparents homesteaded nearly a century ago. I have spent a
lifetime with my hands in the dirt, and I know how difficult it is to
get by in production agriculture, especially in these days. I am proud
that Sharla and I are passing that same farm down that my grandparents
homesteaded to the fourth generation of our family. If this bill is
vetoed as the President has promised, many families won't have the
option to pass their farm down, because over the next 5 years, many of
them will go broke.
American agriculture is facing very difficult challenges, such as
skyrocketing land prices, aging populations in rural America, and the
high cost of fuels and fertilizers. The changing global marketplace
creates more uncertainties for our producers and challenges when our
so-called free markets sometimes come with a high price. America's
family farms and ranches have a lot on the line right now. They also
have tremendous potential. This farm bill provides new opportunities
for rural America.
America's farmers and ranchers can be leaders in energy production as
they are leaders in food production. For years, Montana, especially
farm and ranch country, has adapted to our Nation's growing energy
needs.
The folks who put food on America's dinner tables also have
tremendous opportunity in contributing to this country's energy
independence through biodiesel, cellulosic ethanol, and wind power--
just to name a few.
That is good news for rural America, it is good news for our
pocketbooks, and it is good for family agriculture.
In Montana, an oil-seed crop called Camelina is being used for
biodiesel production. It grows on marginal soils, takes few inputs and
doesn't need a whole lot of water. This year Montana started its first
biodiesel facility--this farm bill will help this facility get off its
feet and supply this country with much needed energy. I hope this plant
is the first of many.
We have only scratched the surface of our energy potential--and this
farm bill could really tap into it. This bill will put the necessary
resources into the production of biofuels, and more incentives for
rural wind power projects.
Many folks may not know that the farm bill is perhaps our largest
conservation program. Our farmers and ranchers are stewards of the land
and are constantly working to improve their operations to reduce their
impact on the environment.
This bill strengthens our working lands conservation programs to help
make our farms and ranches productive and protected.
This bill will finally implement mandatory country-of-origin
labeling. May I say it is about time. In Montana, we passed a country-
of-origin labeling law in 2005. It is time we implement it at the
Federal level.
Whether it is the t-shirt I wear, the truck I drive, or the toy I buy
for my grandkids, I can tell where it was made. It only makes sense
that we know where our food comes from, too.
COOL is good public policy. Americans deserve to know where their
food comes from, and implementation of mandatory country-of-origin
labeling is long overdue.
Part of adequate labeling is the ability for our producers to market
their products. I am happy to see that this farm bill will allow for
the interstate shipment and sale of beef. Montana has some of the best
beef in the world and smaller producers should be able to market their
safe, healthy, quality products across State lines.
I don't like shopping all that much--but it is even worse here in
Washington. The lines are too long and the prices too high. But I will
tell you what, it sure would put a smile on my face to see a t-bone on
the shelf with a ``Made in Montana'' stamp on it.
We hope to include in this bill permanent ag disaster assistance. I
hear that some of my colleagues don't think this is the best way to
protect family farm and ranch businesses but as a farmer I strongly
support this measure.
I know what it is like in the good years when you have a crop to put
in the bin. And I know what it is like to have no crop. Whether it is
hail, drought, floods, grasshoppers, or any other disaster, we need to
make sure that our farmers and ranchers are protected. This is a real
safety net that will help family farmers get by when disaster strikes.
This disaster assistance program has strict requirements on who may
receive assistance and will only help those farmers who have taken
steps to mitigate their risk. This program will provide the predictable
and consistent safety net that our family farmers and ranchers deserve.
This farm bill makes great strides in acknowledging the importance of
organic agriculture in our food system. Organic foods have been growing
at a rate of over 20 percent a year for 20 years. This bill offers
money for research dollars to support organic agriculture. And it will
provide funds to help family farms--if they choose--convert to organics
so that U.S. farms can meet the needs of this growing market.
Organic agriculture is really a value-added program. It allows
farmers and ranchers to find ways to increase the profitability of
their products by consumers driving the marketplace.
As far as nutrition is concerned, of course, the farm bill has a
tremendous impact on the underprivileged segments of our society.
The people who use these programs aren't lobbying our congressional
offices, or sending thousands of letters, or using influence with the
media to shape public policy. They are our children. They are the
elderly. They are young, single mothers working two jobs. They are
disabled veterans who need nutritional assistance until times get
better.
In Montana, nearly 20 percent of our children live below the poverty
line. Each month, more than 80,000 Montanans seek assistance through
the food stamp program; 20,000 seek supplemental assistance through the
Women, Infants, and Children program. Out of a total population of just
under a million people this is a big impact on our State.
Montana also has some of the lowest unemployment rates in the
country. We have good schools and college participation. We just can't
always make ends meet where there is high cost of living and low wages.
These nutrition programs are just the help folks need until they can
get on their feet.
In the wealthiest, most-advanced society in the world, no person
should go hungry. I am glad that this farm bill has made long overdue
increases to our food assistance programs.
This farm bill is something that our Nation can be proud of. It
strikes a balance between our different regions, and different
interests. It does not have everything we want, but it has what we
need.
This is a farm bill that meets the needs of this country's family
farmers, and it takes great strides in helping families with a more
realistic nutrition component.
Mr. President, I know firsthand how important this bill is for
America's producers and America's consumers. This is mainstream,
bipartisan legislation that was crafted and passed out of the Ag
Committee without a dissenting vote. The farm bill is too important for
anyone to obstruct, or to delay, or to play political games with.
American consumers, from all walks of life, living paycheck-to-
paycheck, depend on this farm bill. American producers, in every corner
of this country, living harvest to harvest, depend on this farm bill.
The Senate needs to debate and pass this legislation, and the
President of the United States needs to sign it.
The PRESIDING OFFICER. The Senator from Iowa is recognized.
Mr. GRASSLEY. Mr. President, I rise to speak to the amendment that is
before the Senate--the Dorgan-Grassley amendment--on payment
limitations; in other words, limiting the amount of money that one
farming operation can get from a farm program in a specific year.
The second reason I come to the floor is to address the issue of the
President's suggested veto of the farm bill because it contains tax
provisions that, presumably, the White House does not like.
[[Page S13976]]
I would like to give a justification for the provisions that are in
this bill. I think everybody in this body would agree we need to
provide an adequate safety net for our family farmers. In recent years,
however, assistance to farmers has come under increased scrutiny. The
largest corporate farms are reaping the majority of the benefits of the
farm payment program. These payments were originally designed to
benefit our small- and medium-sized farmers but instead have
contributed to the demise of the small- and medium-sized family
farmers. I believe we need to correct our course and modify the farm
programs before those programs cause further concentration and
consolidation in agriculture.
Today, most commodities are valued off demand, and the market
dictates profitability. When farmers overproduce by planning for the
farm program or expand rapidly because of the security of those
programs, then the markets are not functioning. Unlimited farm payments
have placed upward pressure on land prices and have contributed to
overproduction and lower commodity prices.
I am going to refer to a series of charts that I have. Increased land
prices and cash rents are driving family farmers and making it
difficult, particularly for young farmers, to get into family farming--
something that is probably there because for generations families have
been farming sometimes the same land.
For instance, in Iowa, you can see how the value of farmland has very
dramatically increased, particularly very recently. Around my hometown
of New Hartford, IA, land is selling somewhere between the poor land at
$4,000 an acre and the very best land for $6,000 an acre. In my home
county of Butler, the value of an acre is up 64 percent since 2000.
Across the entire State of Iowa, the average land value per acre rose
72 percent just in the last 6 years.
You will see from the next chart that the average typical cash rent
per acre in Iowa rose 25 percent in that same timeframe. So you can
legitimately ask, how are family farmers, particularly young farmers
who cannot buy land and who have to rent land, going to survive when
they have had such a rapid increase in either the price of land, on the
one hand, or cash rents on the other hand? How are they even going to
be able to get into farming for the very first start?
I have been hearing directly from producers for years what former
Secretary Johanns heard in the series of farm meetings. I think either
the Secretary, or his staff, had well over 100 hearings on proposed
farm legislation prior to--well, during the years 2005 and 2006. So I
have heard what Secretary Johanns has heard in his farm bill forums:
Young farmers cannot carry on the tradition of farming because they are
financially unable to do so because of high land values and cash rents.
What does all this have to do with farm programs? I am going to quote
a famous and well-known Midwestern agricultural economist, Dr. Neil
Harl, now emeritus. He came out with a report on this subject. He is
and was at Iowa State University. The report states:
The evidence is convincing that a significant portion of
the subsidies are being bid into cash rents and capitalized
into land values. If investors were to expect less Federal
funding--or none at all--land values would likely decline,
perhaps by as much as 25 percent.
So here we have an article from last year's Washington Post, when the
Post did a series of articles on the disparity that farm program
supports are causing. They reported:
The largest farms' share of agricultural production has
climbed from 32 percent to 45 percent, while the number of
small and medium-sized farms has tumbled from 42 percent to
27 percent.
I assume the printing on the chart is so small that you will have to
take my word for it that is what it says. The law creates a system that
is clearly out of balance.
If we look at the results posted here, we have a system where 10
percent of the biggest farmers get 73 percent of the benefits from the
tax-supported farm programs. Worse yet--or more extraordinary, I should
say--the top 1 percent get almost 30 percent of all of those payments.
I tend to concentrate on the top 10 percent of the biggest farmers
getting 73 percent. But I think this other top 1 percent of--how do you
say it--the big farmers, the top 1 percent are getting 30 percent of
all of the benefits out of the Treasury. So we are back where we were 5
years ago.
This body passed as part of the farm bill, by a vote of 66 to 31,
putting limits on farm payments. Well, it didn't survive a House-Senate
conference. Senator Dorgan and I were working together then, and here
we are back 5 years later. The farm bill is up for reauthorization, and
we are filing an amendment that, I believe, will help revitalize the
farm economy for young people across this country.
This amendment that Senator Dorgan put before the Senate this
morning--actually, Senator Reid did it for Senator Dorgan--will put a
hard cap on farm payments at $250,000. No less important, it will close
the loophole that has allowed large operations to avoid even the
existing $360,000 limit and, as a result, receive benefits far
exceeding the limit.
If I could say that another way, we have a situation where we do have
caps in place, but there is legal subterfuge to get around those caps.
One of them is the three-entity rule--split up your farming operation
into three entities, and each one of those could qualify for that
$360,000 limit.
The other one is where generic certificates are used. Those are not
included in the limit. So that is why you read where some farmers are
getting millions of dollars through the farm program.
We use the adjective, hard cap; $250,000 is the absolute limit. We do
away with the legal subterfuge of getting around the cap to make it so
it works and so it is effective.
I have another article by the Washington Post from last year
outlining the ongoing abuse of farm support programs. It is entitled
``Farm Program Pays $1.3 Billion to People who Don't Farm.'' We are
paying $1.3 billion to people who are not actively engaged in the
business of farming. Senator Dorgan spoke better about this last night
and this morning and gave better examples than I can on that point. We
have examples of people who live on land collecting direct payments
because a commodity was once grown on that land. Any agricultural use,
including having a horse on that land, qualifies them for a direct
payment, even though they are not even growing a crop.
Our bill addresses these problems by doing away with the loopholes
people have abused over the years to continue to get the payments. I
have already referred to the three-entity rule. We also put in place a
system we call direct attribution. Most importantly, we tighten up what
is already in the law but not enforced by the U.S. Department of
Agriculture, that you have to be ``actively engaged'' in the business
of farming.
I wish to make a very clear distinction. Some Members of the Senate
have advocated that the Dorgan-Grassley amendment is not as tough as
what is in the Senate Agriculture Committee bill before us. I wish to
explain why that is not true.
I have another chart. We have to compare apples to apples. Saying the
committee has a hard cap on payments at $200,000 is not accurate. They
only have a hard cap on two categories of payments: direct payments and
countercyclical payments. The Dorgan-Grassley amendment actually caps
those at $100,000.
In addition, my amendment will cap marketing loan gains at $150,000,
while the committee bill before us that the Dorgan-Grassley changes
leaves the marketing loan unlimited in the amount of money you can get
through the marketing loan.
This actually weakens current law, and if you can believe, after all
the bad publicity about 10 percent of the biggest farmers getting 72 or
73 percent of the benefits out of the farm program, why, the
Agriculture Committee might write a bill that actually weakens current
law. But I wish to make clear our bill at $250,000 is a hard cap, and
it is more effective in taking care of this issue of the biggest 10
percent getting 73 percent of the benefits.
I anticipate there will be other votes on other types of reforms,
including even means testing, also known as the adjusted gross income
limit. I wish to make sure my colleagues are aware
[[Page S13977]]
that an adjusted gross income cap and a hard cap on payments are two
very different things and each should be looked at and considered
individually.
Back in 2002--and I referred to this before, that Senator Dorgan and
I have been working together--back in 2002, I voted against the farm
bill out of conference committee. A lack of payment limits in that bill
because it was lost in conference, the Senate position was lost to the
House position, was one of my reasons for voting against the bill.
I have been fighting to reduce large-scale subsidies since I was a
Member of the House of Representatives in the 1970s. Then we were,
believe it or not, arguing over a $50,000 limitation.
Our amendment produces some considerable savings. Senator Dorgan and
I have identified very critical and essential programs to help
producers and farmers, small business owners, conservationists, and
low-income people, including seniors and children. We support beginning
farmer and rancher programs and the Rural Microenterprise Program.
These programs are crucial to bolstering young farmers and to helping
main streets across America.
It will also provide funds for the organic cost-share program and the
farmers Market Promotion Program. These growing components of our food
supply system will create new opportunities for farmers and increase
healthy food options for our consumers.
A large priority of mine has always been seeing justice for Black
farmers--discrimination cases brought against the USDA, but not
everybody eligible got in on it. This amendment puts some money, double
the amount provided by the committee, in for late filers under the
Pigford consent decree for farmers who haven't gotten a chance for
their claims to be heard. It is time to make it right for these farmers
who were discriminated against in their attempts to get help from the
Federal Government in farming.
We also support the Grasslands Reserve Program and the Farmland
Protection Program with additional dollars. Conserving our natural
resources is one of the most important components of agriculture, and
this investment will make a substantial difference in the availability
of these programs.
Finally, while the Agriculture Committee makes significant
contributions to the nutrition and food assistance programs, they were
not able to go far enough due to tight budget constraints. So Dorgan-
Grassley adds money to this program so it can be adjusted for inflation
and other nutrition priorities to assist low-income seniors, as well as
children.
I worked with Senator Dorgan on a similar measure, as I have said for
the third time, in 2002, and it passed with bipartisan support by a
vote of 66 to 31. Unfortunately, it was stripped out of conference. My
colleagues might remember the last time we had a vote on payment limits
was on the budget resolution. Many of my colleagues said they agreed
with what we were trying to do, but they voted against us at that
particular time because they said doing it on the budget resolution in
the middle of a farm bill authorization of 5 years was not the right
time. Everybody said it needed to be done the next time the farm bill
came up for debate.
Well, that time is right now, and I ask those who maybe thought it
shouldn't be done on the budget resolution a couple years ago to
remember what they said. They came up to us individually and said: We
agree with what you are trying to do, but it shouldn't be in the middle
of the farm bill reauthorization, and it shouldn't be done on the
budget resolution. The inference was they will be with us at the right
time. The time is right now, or within the next 24 hours, when we vote
on this amendment.
I remind this body that in addition to what was said by our
colleagues at that particular time, in the last farm bill, we set up,
as supposedly a sop for those of us who didn't get what we wanted in
payment limitations out of conference 5 years ago, a commission on the
application of payment limitations for agriculture.
This commission was set up, and for a couple years they studied this
issue. The purpose was to conduct a study on the potential need for
further payment limitations on farm programs. The commission met.
Farmers, agricultural economists--I can't think of everybody who was on
it, but they knew the business of agriculture. This commission
recommended the very same loophole-closing measures which we included
in this amendment that is now before the Senate. Those people who
thought they threw us a sop or some sort of a compromise that we ought
to accept a commission instead of the real hard change in law to
accomplish what we wanted to accomplish, that we would have people
study it and then give some respectability to it, or maybe they thought
we would forget about it and go away 5 years later, we haven't
forgotten about it; we haven't gone away.
We are taking the recommendations of this commission that was set up
to say what we ought to do in the area of payment limitations, and we
are doing exactly what they said. We not only have the promise of those
people who said it shouldn't be done on the budget resolution, we have
the recommendations of all these experts of how it ought to be done,
when it ought to be done, and why it ought to be done. It is for all
those reasons that we have Dorgan and Grassley back again suggesting
what we thought should have been done 5 years ago. If it had been done
5 years ago, we wouldn't have this problem of 10 percent of the biggest
farmers getting 73 percent of the benefits out of the farm program.
There are several problems connected with that situation. One, when
urban people read about this, they are going to say: Why do you need a
farm safety net if all the help is going to biggest farmers? So we lose
urban support. We lose support of a farm program in the House of
Representatives controlled by urban people, and we don't have a farm
safety net, and family farmers don't have the ability to withstand a
lot of situations that are beyond their control. We also have a
situation where we drive up the price of farmland so the next
generation of farmers cannot get started. But also, we depart from the
principle of a farm safety net of the last 70 years that was supposed
to be directed to medium- and small-sized farmers, the very same people
who produce the food we eat in a way so consumers spend less of their
income on food than any other society anywhere on this globe, and to
keep them strong when they cannot withstand natural disasters or the
politics of agriculture or a war or energy problems. They don't have
the staying power, but the larger farmers do.
For 70 years, we have directed the benefit of a farm program, until
very recently, to small- and medium-sized farmers. How it gets out of
whack so we get 10 percent of the biggest farmers getting 73 percent of
the benefits of the program is hard to explain. But it has happened,
and we are trying to get back to the original purpose of farm programs
to help small- and medium-sized farmers over the hurdles they have to
cross, through no fault of their own, situations they cannot control,
that larger farmers have the ability to have a little more staying
power.
So here we are. By voting in favor of the Dorgan-Grassley amendment,
we can allow young people to get into farming and lessen dependence on
Federal subsidies. This will help restore public respectability for
Federal farm assistance by targeting this assistance to those who need
it the most.
So let us quit dragging our feet and let us pass real reform with a
real payment for real farmers. I call upon my colleagues to support
this commonsense legislation that is referred to as Dorgan-Grassley.
I told you, Mr. President, in my opening remarks that I wished to
address a second issue as well, directly related to the farm bill, but
including some issues that are a little bit broader than the farm bill,
and that deals with the tax policy.
Remember, a very significant part of this farm bill is tax policy
that we in the Finance Committee--Senator Baucus, me, and the other 19
members of the committee--set up that are directly related to soil
conservation and drought relief, and we raise revenue to pay for it. In
the process of this broad policy, we have freed up money the
Agriculture Committee would otherwise spend on a lot of programs, such
as disaster relief and conservation, so the Agriculture Committee would
have a little more leeway to do what needs to be done in farm policy,
and that is directly related to the fact that under the budget adopted
by this Congress,
[[Page S13978]]
we find the Agriculture Committee $15 billion under benchmark, and that
is a big bite to swallow with the needs in American agriculture. So we
have come up with, in the Finance Committee, a little bit of help for
the Agriculture Committee.
As recently as yesterday, the President, or his people, have
suggested because of the tax policy that is in this bill, they might
veto the whole farm bill. I want to tell the President why that is a
crazy idea--a crazy idea--so I will take the time to comment, then, on
the revenue raisers that are in this farm bill.
The revenue raiser is a proposal to clarify a judicial doctrine in
the tax law known as the economic substance doctrine. I am here not so
much to justify revenue raising through this definition of economic
substance, but I am here to say there are four circuit courts of appeal
in different parts of the country that have had four different
decisions on economic substance and each has said Congress ought to
define economic substance. So as far as I am concerned, in putting
economic substance in here, it is not just to raise revenue and to have
an offset for the programs we have set up, it is for Congress to do the
job of making the Tax Code on economic substance clear so the courts
are not defining it, and most importantly so that four different courts
aren't defining it in four different ways. We need to have some
certainty, and this bill brings that certainty to the definition of
economic substance.
But before I get into that, I have to be a little more general. For a
lot of folks, this proposal may sound like an esoteric tax policy
matter, and they might wonder why I am focusing on it today. The reason
is the White House has indicated the President will veto the farm bill
if this proposal is included in the bill sent to the President's desk.
Mr. President, I ask unanimous consent to have printed in the Record
the Washington Post article reporting on the President's suggested veto
of the bill.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From washingtonpost.com, Nov. 6, 2007]
Bush Vows To Veto Senate's Farm Bill
(By Dan Morgan)
The Bush administration, setting the stage for another
confrontation with Congress over a major spending measure,
issued a veto threat yesterday against the Senate version of
the $288 billion farm bill.
The announcement came as a disappointment to bipartisan
Senate supporters, who had hoped the farm legislation avoided
some of the pitfalls that prompted a similar veto threat this
summer against a House-passed version.
But in a news briefing held as Senate debate began
yesterday, acting Agriculture Secretary Charles F. Conner
charged that the five-year legislation had been inflated by
$37 billion through the use of ``tax increases and budget
gimmicks.''
``It will need significant changes. . . . We have a long
way to go,'' he said. Conner said details of the
administration critique will be issued shortly in the hope
that they ``will impel Congress to work with us.''
Despite the enormous congressional popularity of the bill--
which funds farm subsidy programs, food stamps, environmental
programs and biofuels research--the administration believes
it can sustain a veto by rallying Republicans against tax
provisions used to fund some of the new outlays.
Conner charged that the bill's funding depends on $15
billion in new taxes and added that ``we don't believe other
sectors should pay'' so that farm subsidies can go to
``millionaires living on Park Avenue.''
Most House Republicans voted against that chamber's version
of the bill in July after Democrats offset new spending on
nutrition programs by tightening tax rules on U.S.
subsidiaries of foreign companies. Democrats said they were
merely closing a loophole, but Republicans and the White
House branded it a tax increase.
The Senate version, which includes a new $5.1 billion fund
that farmers could tap when hit by weather losses, would be
financed in part by a different set of measures clamping down
on tax-avoidance techniques used by business.
Conner also said the bill contains too little reform of
subsidies. He said the administration is dissatisfied that
the bill does not place stricter limits on subsidy payments
to rich farmers.
Mr. GRASSLEY. The title of that article is: ``Bush Vowed to Veto
Senate's Farm Bill.''
Before I discuss the specifics of the economic substance doctrine, I
wish to put this revenue raiser in context. We have heard a lot about
pay-go. That is short for pay as you go. If you want to spend money,
either raise taxes to offset it or cut someplace else to offset it. Or
if you want to cut taxes, raise taxes someplace else to pay for it or
cut spending someplace else to pay for the tax decrease. But around
here we use the term pay-go for short.
Now, of course, pay-go was in place for many years before the current
policy was put into place after a few years of absence. The difference
is the old version of pay-go applied it as a backstop to a budget
resolution. So if a proposal spent more than the budget permitted and
added to the deficit, a pay-go point of order was possible. Likewise,
if a proposal to cut taxes more than the amount of the revenue the
budget assumed would come in, pay-go would apply.
This year Congress is struggling because a rigid notion of pay-go has
hamstrung the committees--meaning every committee of the Congress that
processes revenue or spending policies. The rubber has hit the road
with pay-go here, more so at the end of the session than throughout the
rest of 2007, and it has been a somewhat bumpy road for all of us. Of
course, I think this road is even going to get bumpier as time goes on
between now and Christmas.
As everyone knows, Congress has a lot of unfinished business. I am
going to focus on the unfinished tax business. I have a chart here I
want to point to. It is a chart I have used before. This chart shows
the unfinished tax business that has got to come before the Congress
between now and Christmas. It accounts for all the bills we passed out
of the Finance Committee. It also accounts for the expiring provisions
that are known as tax extenders. The biggest item of the revenue loss
chart is the alternative minimum tax and the fix for that alternative
minimum tax so 19 million additional middle-income taxpayers and their
families are not paying the AMT. You see all of those various aspects
listed there separately--the 2007 AMT fix, 2008 AMT fix, 2008
extenders, the Energy bill that has already passed the Senate, the
airport reauthorization bill, and then eventually we will spend some
time on the farm bill. But you can see they add up to a heck of a lot
of money.
Since we are in the 2008 fiscal year, I have included then extenders
for 2008 and also carrying a fix for AMT for not only 2007 but 2008.
This chart accounts for the revenue loss from the farm bill package
that is there at $13 billion. My chart shows the revenue loss side as
demands on the water well there. It is at the top of the well in the
bucket what the shortfall is there. There are a lot of thirsty bills
that have to be paid for. Those thirsty bills carry a revenue loss of
$170 billion over 5 years.
I have accounted for the revenue offsets. This figure includes all
revenue raisers proposed by Senate Democrats that are specified and
scored by the nonpartisan Joint Committee on Taxation. That figure
includes $32 billion from the Finance Committee-approved proposals and
$29 billion in other proposals. That total is $61 billion. That is what
we know for sure that has been thought up and probably has a great deal
of support to accomplish.
This offset figure is calculated from the vantage point of the Senate
Democratic leadership. In this total are proposals that House Democrats
have opposed, such as shutting off the foreign subway leasing tax
shelter, known as SILOS. In this total are proposals that most Senate
Republicans have opposed, such as the reimposition of the Superfund
taxes. In this total are many proposals that even the Bush
administration has come out against.
Now with this favorable assumption to them, the pay-go advocates in
the Senate need to know that as we stand here today, there is not
enough known revenue to meet the pay-go requirements that are on this
chart that obviously have to be dealt with between now and Christmas.
In other words, the demands on the revenue well are $170 billion, and
the available revenue raisers are only $61 billion. So that is a
shortfall that is clear there, in the middle of the well--a shortfall
of $109 billion. In other words, the revenue well is dry.
Now, $109 billion is a lot of money even here in Washington, DC. If
the proposals are scored over 10 years, that shortfall does narrow
slightly, from $109 billion down to $76 billion, and it is
[[Page S13979]]
possible that some of the revenue raisers in Chairman Rangel's bill may
be pursued by the Senate Democratic leadership. But as it stands now,
for unfinished tax business alone, by this accounting, we cannot meet
the requirements that the Senate must meet that we call pay-go.
I point this out because everybody has to see this big picture. They
seem to be missing the big picture on how we wrap up our overdue
legislative business and meet the demands of the new pay-go rules. On
the farm bill alone, my chart treats the farm bill as fully offset. My
chart is created from the perspective of the Senate Democratic
leadership, and so it shows the farm bill as offset. That is the way it
is as it came out of the Senate Finance Committee.
The problem is that President Bush's opposition to the key revenue
raiser is not accounted for in this chart. President Bush's position
does matter. His opposition to any revenue raiser, but specifically
this one, would have to be overcome with a veto override. As my friends
and the Democratic leadership know, that happens to be a very tough
hurdle, as we have found out, for instance, on the Children's Health
Insurance Program recently before the House of Representatives.
My point is it is time to get practical around here. This chart of
the water well shows that as we sit here today, looking at it from a
Senate Democratic leadership perspective, the revenue well is dry. To
insist on pay-go without a sense of realistically available offsets is
trying to go up a blind alley. I say to my Democratic friends: At this
late point in the legislative session, let us focus on what is
practical. Let us apply the offsets we can agree to and in a manner we
can agree on. We need to get to a posture of what can be agreed to by
the House, by Senate Republicans, and by the White House. The AMT fix
is the 800-pound gorilla in this discussion. It is $55 billion of the
$109 billion shortfall. It affects 23 million families and could affect
adversely another 27 million families. The AMT fix is long overdue. It
needs to be completed expeditiously.
To address this important matter solely from a pay-go perspective is
to ignore the realities that it needs to get done. Republicans are
ready, Republicans are willing, and Republicans are able to help get
this AMT fix done, and done very shortly, but for many reasons I have
discussed all year, not at the price of offsets.
I will now go into the reasons why clarification of the economic
substance doctrine is an appropriate revenue raiser and why it is basic
to this farm bill before us, because it is a part of the farm bill; and
why the President is crazy to use that as an excuse for vetoing the
farm bill.
The provision made the Finance Committee package revenue neutral,
raising $10 billion over 10 years. But I support codification of
economic substance not just to raise revenue--although it does that,
and it is important that it do that because otherwise we would not have
our provisions offset, according to pay-go. As ranking member of the
Finance Committee, and even when I was chairman in the last two
Congresses, I have supported codification of economic substance because
it is the right policy. This provision is an improved version of a
provision that passed the Finance Committee and the full Senate in the
last two Congresses.
The prior version was included in two bills passed by the full Senate
in the 109th Congress, twice in the tax reconciliation bill, once in
2005 by a vote of 64 to 33, and again in 2006 by a vote of 66 to 31. It
also passed the full Senate two times in the 108th Congress, once in
the 2003 tax bill by a vote of 51 to 49 and again in the 2004 JOBS bill
by a vote of 92 to 5.
This Senate is acquainted with the need to codify economic substance
for us to do our job of making the Tax Code understandable so you do
not get four different circuit courts of appeal giving four different
definitions to economic substance. We ought to have one national policy
on what is economic substance. Codifying it will clarify the test. It
is a conjunctiva test requiring both a meaningful change in economic
position and a business purpose, independent of Federal taxes. The
courts are split on whether a transaction must have both economic
substance as well as business purpose. This will give courts, then, a
uniform doctrine to apply to noneconomic transactions that are
inappropriately motivated solely to avoid Federal taxes--in other
words, closing loopholes.
It will also ensure that a court will not overturn the doctrine, as a
trial judge did in what is called the Coltec case, saying:
The use of the economic substance doctrine to trump the
mere compliance with the Code would violate the separation of
powers.
That judge--I don't have to say that judge was crazy because the
court of appeals reversed that judge's decision. But I am still
concerned that another strict constructionist judge might reach a
similar conclusion. Most important, codifying the economic substance
doctrine will provide an additional deterrent against taxpayers
entering into transactions solely for tax purposes, in ways that are
inconsistent with congressional intent.
As I said earlier, this provision is an improved version of what has
already passed the Finance Committee and the full Senate more than
once. So this Senate agrees with economic substance. But maybe Senators
have forgotten how they voted 2 and 3 and maybe 5 years ago, so I am
here to remind them this has been overwhelmingly accepted by the full
Senate.
This improved version has modifications made in response to concerns
of taxpayers that codification would throw legitimate tax planning into
question and allow the IRS to substitute its business judgment for that
of the taxpayers. I am going to talk about those modifications so
people understand, and all these lawyers in this town who are concerned
about our writing this, that they know we have taken some of their
legitimate concerns into consideration.
For instance, the strict liability nature of the penalty has been
retained in order to effectively deter taxpayers from entering into
tax-motivated transactions in unintended ways. Indeed, according to the
Joint Committee on Taxation, the bulk of the revenue score is
attributable to this strict liability penalty--not because the IRS will
collect the penalty but because people are going to start obeying the
law and change their behavior. The penalty will alter taxpayer
behavior. It will cause taxpayers to forego entering into noneconomic,
tax-motivated transactions that Congress never intended.
We have heard complaints that a strict liability penalty will cause
IRS field agents to overreach and courts to be reluctant to apply the
doctrine. These are serious concerns, and we have addressed those
concerns by requiring the IRS to nationally coordinate through the
Chief Counsel's Office when the penalty is asserted and/or when it is
compromised. This procedure is similar to a process currently used by
the IRS to designate cases for litigation.
As a protective measure, taxpayers will be permitted to make their
case to the IRS at the national level before a penalty is asserted. Of
course, cases involving the economic substance doctrine should be going
through Chief Counsel anyway, and taxpayers currently have the ability
to persuade the IRS not to assert a penalty. But because of the strict
liability nature of this penalty, it is important to formalize this
process and move it to a higher level of review.
Getting the Chief Counsel's Office involved earlier in this
controversy will help taxpayers and the IRS resolve or make litigation
decisions regarding tax shelters earlier.
We have also lowered the penalty for undisclosed transactions from 40
percent to 30 percent to bring it in line with the penalty on
undisclosed listed transactions.
The proposal to codify economic substance has been controversial,
even though it has passed the Finance Committee and the full Senate in
the last two Congresses. Taxpayers and practitioners expressed
legitimate concerns about it. We have addressed those concerns--maybe
not in the way everybody wants, but I think we have done it in a
responsible way.
As a general matter, in my tenure as chairman of the Finance
Committee before we went into the minority this year, I am proud to
have kept taxes down. During my tenure, we enacted bipartisan tax
relief bills that totaled over $2 trillion over 10 years. So for
[[Page S13980]]
critics who look at any change in the Tax Code, regardless of how
legitimate it is, even regardless of not doing it for revenue-raising
measures--they look at everything and say: You are changing the Tax
Code; you are raising taxes--I am here to tell them on this issue of
economic substance how ridiculous that is. So for the critics of this
revenue raiser, I would refer them to my record of keeping taxes down.
By the way, for those on the liberal side of the political spectrum,
I point out, as a percentage of GDP, the Federal Treasury is taking in
a percentage that is above the post-World War II average.
Codifying the economic substance doctrine should be considered on its
merits. It should not be dismissed because it scores as a revenue
raiser. It should not be endorsed either because it scores as a revenue
raiser. In my view, it should be enacted because it is the right tax
policy. Folks need to take off the bean-counting green eyeshades and
look at the tax policy.
The same goes for the long overdue AMT fix that I have talked about.
It is not about maximizing Federal revenues. It is about fair taxation
for 19 million middle-income families.
I am done, Mr. President, but I want to digress for one minute for
the benefit of faceless bureaucrats down at the White House. I want to
talk to those people who maybe were advising the President, and they
put it in his veto message, that one of the reasons he was vetoing the
Children's Health Insurance Program is because our bill allowed
families earning up to $83,000 to have their children in a government
program--when quite obviously most people making that kind of income
can have health insurance. What I have said to those very same people
who put that in the President's message is it was not in our bill; that
States could do that. That has been in the law for 10 years. But nobody
pointed that out to the President. Some stupid person said to the
President: This bill allows people with $83,000 to get it. It didn't
have anything to do with that. It was in the law for 10 years.
I want those faceless bureaucrats to read why we are doing economic
substance. It is about time Congress does its job and the courts don't
do the job we are supposed to do. Four circuit courts of appeal have
defined and found fault with various aspects of economic substance.
They said it is time for Congress to define it.
Yes, it is a revenue raiser, but it is not one of these changes in
tax policy that is a change in rates of taxation that you can
legitimately call tax increases. But somebody down there at the White
House is telling the President this is a tax increase. What we are
trying to do is do our job. This cannot be a reason for vetoing the
farm bill.
If anybody down at the White House wants to discuss my rationale for
this, come up and I will sit down and talk with them, or I will even go
down there if they want to talk about it.
I yield the floor. I guess nobody else wants to speak, so I suggest
the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Mr. President, within the past few weeks a series of
events has occurred that can help shed light on how tax relief enacted
in the past 7 years has impacted the budget of the United States. On
September 27, the Senate voted to increase the debt limit so the
Treasury would be able to borrow enough to meet our Nation's
obligations. At the time, I made a statement that this was necessary.
The proper place to take a stand for fiscal responsibility is when we
are considering bills that spend money and actually create our debt.
Unfortunately, some of my colleagues believe the only answer to our
budget woes is to increase taxes. But I believe this point of view is
misguided and would prove destructive to our budget in the long term.
Especially over the past 7 years, discussion of an increase in debt
limit has prompted excitable statements from my colleagues across the
aisle on the current administration's fiscal record. I am sure I do not
have to say these statements from across the aisle have not been
positive.
Another event I want to mention is the release on October 5, 2007, of
the Monthly Budget Review from the Congressional Budget Office. The
Congressional Budget Office budget review forecasts that the deficit
for fiscal year 2007 would be significantly smaller than the deficit
for 2006, and then the Final Monthly Treasury Statement, published by
the Treasury Financial Management Service, confirmed that. According to
the U.S. Treasury, the Federal deficit for fiscal 2007 was $162.8
billion. The deficit for 2006, the year before, was considerably
higher, at $248.2 billion. The deficit for 2007 then is around $85
billion less than it was last year.
The chart I am going to show you, taken from Treasury documents,
shows how this decrease in the deficit has been driven by a 6.7-percent
estimated increase in total receipts over fiscal year 2006.
If you are determined to show that tax relief has led to less revenue
from the Federal Government, then this data is difficult to explain. Of
course, the conventional criticism offered against tax relief was that
it was going to be directly responsible for massive increases in the
deficit. This argument implies that as a result of tax relief, the
Federal Government would collect less money in taxes.
On May 23, 2003, the Senate voted to agree to a conference report to
accompany the Jobs and Growth Tax Relief Reconciliation Act of 2003.
The vote was close. The conference report was agreed to only because
the Vice President cast the tie-breaking vote in favor of the report.
Anyone who reviews the Congressional Record of that debate would see
that the rollcall vote was preceded by a very contentious discussion.
Many of my colleagues had very strong criticism of the bill which,
among other things, reduced the rates for capital gains and dividends.
Tax policy generally is not seen as something that attracts a lot of
excitement, but the floor debate of May 23, 2003, could have given a
listener the impression the sky was falling.
This chart of Chicken Little reporting that the sky is falling
illustrates the tone of some of the criticism made by my colleagues.
One Senator claimed:
The tax base of the Federal Government is being destroyed.
This same Senator referred to the bill as:
One of the most dangerous, destructive and dishonorable
acts of Government that I have ever seen.
Another one of my colleagues claimed that the bill:
Is about helping the elite few with large tax cuts while
burdening the majority of Americans with huge debt.
Here again, you see the implication that the 2003 tax relief was
going to diminish revenues collected by the Federal Government.
A third colleague claimed:
This bill I call the policy of the three Ds. This is the
policy of debt, deficits and decline.
This comment is especially interesting when examining a statement
made by this very same Senator on September 27 of this year during the
discussion on increasing the statutory limit on the public debt. That
same Senator said at that time that:
Revenue has been basically stagnant in this country for 6
years.
According to my colleagues in the Congressional Budget Office,
revenues in 2000 were $2 trillion, just a hair over $2 trillion, while
revenues in 2007 were calculated by the Treasury to be around $2.12
trillion, taking into consideration inflation.
First, I wish to point out that the word ``stagnant'' used by my
colleague is a far cry from the debt, deficit, and decline that tax
relief was supposed to inflict on this Nation. I am not saying we do
not have a massive national debt fed by successive budget deficits, but
the specific tax relief enacted in 2003 and again within the past 7
years is not the cause of that.
As my esteemed colleague pointed out, even accounting for inflation,
the revenues of the Federal Government are projected to be greater in
2007 than they were in 2000. So this certainly shows that our tax base
was not gutted by tax relief as was so profoundly asserted by my
colleagues.
I also would like to say that I do not think that $90 billion is a
trifling
[[Page S13981]]
amount of money. Maybe it is to some people in some places, but it is
certainly not for us people, for the Iowa farmer.
To offer a different perspective, let's consider this year's
appropriations bills. The Democratic leadership wants to spend $23
billion more than the President's budget on appropriations. That same
group is preparing to force a showdown with the President over that $23
billion. That is one-fourth of the amount I am talking about here. So
when it comes to spending, extra dollars do count, but extra revenue
from lower levels of taxation is to be belittled no matter what the
number might be. It just sounds so inconsistent.
My excitable colleagues here in the Senate are not the only ones who
predicted gloom and doom that never came because of the tax relief in
August of 2003. Even the Congressional Budget Office published a
document titled ``The Budget and Economic Outlook: An Update.'' The
bill reducing rates on capital gains and dividends had become law at
the end of May, so the Congressional Budget Office was able to take tax
relief into account as they conjured their budget projections. This
chart right here illustrates the discrepancy between what was forecast
by the Congressional Budget Office in the summer of 2003 and what
actually transpired. You can see the red line actual figure is way
above the blue line that was suggested by the Congressional Budget
Office.
In August of 2003, the Congressional Budget Office projected that the
Federal Government would collect about $1,770 billion in revenue.
According to the historical budget data--also from the CBO--revenue in
2003 was actually about $1,783 billion. That difference is $13 billion.
Now, $13 billion may be peanuts to some people, but I think it is a
good start.
In August 2003, the Congressional Budget Office projected Federal
revenues for 2003 to be $2,276 billion. Actually in 2003, Federal
revenues were about $2,407 billion. The Federal Government collected,
then, $131 billion more in 2006 than was originally forecast in the
dark days of 2003, when several of my Democratic colleagues thought
that tax relief was poised to destroy our tax base. Revenues actually
collected were higher than projected when considered as a percentage of
gross domestic product.
In August 2003, CBO projected that revenues in 2006 would be 18.2
percent of GDP. Actual revenues collected in 2006 were more than that--
at 18.4 percent compared to 18.2 percent of GDP. In 2005, they were
17.6 percent; in 2004, they were 16.3 percent; and in 2003, they were
16.5 percent. After a small downturn in 2004, Federal revenues, taken
in proportion, increased faster than the GDP.
Speaking of its 2007 projection, in an October 2007 monthly budget
revenue, CBO states:
Revenues rose to 18.8 percent of GDP, which is slightly
higher than the average of 18.2 percent over the past 40
years.
Even with lower taxes, the Federal Government is collecting, on
average, a greater percentage of GDP in revenue year by year than it
has over the past four decades.
Incidentally, in 2003, CBO projected that revenues would equal 18.3
percent of GDP in 2007.
Next, I want to compare the 4-year period after the 2003 tax relief
plan went into effect with the 4-year period after the tax increases
were enacted in the Clinton first year, 1993.
The Omnibus Budget Reconciliation Act of 1993, signed into law by the
President in August of that year, increased taxes on corporations and
individuals while increasing taxes on gasoline and raising the taxable
portion of Social Security benefits.
I think this may be counterintuitive to some people, especially to
those who believe that the well-being of our Nation is directly
proportional to our ability to seize income from taxpayers, but as a
percentage of GDP, Federal revenues increased faster after tax relief
than they did after tax increases.
To set the stage, in 1993, Federal revenues were 17.5 percent of
gross domestic product. In 2003, Federal revenues were a percent less
at 16.5 percent of GDP.
By the way, all of these numbers are Congressional Budget Office
numbers, and until I get to 2007, they are not projections.
If you look at this chart we are now putting up, you can see that as
a percentage of GDP, Federal revenues increased faster in the 4 years
after the 2003 tax relief than they did after the 1993 tax increase.
Let me emphasize that. Revenues came in faster after we decreased taxes
in 2003 than they did after 1993 when we increased the taxes.
For 1997, Federal revenues were 19.3 percent of GDP. Between 1993 and
1997, Federal revenues increased by 1.8 percent of GDP.
Now, in 2007, Federal revenues are projected by the Congressional
Budget Office to be 18.8 percent of GDP. If this is the case, then over
the past 4 years, Federal revenues will have increased by 2.3 percent,
and 1.8 percent subtracted from that 2.3 percent leaves one-half of a
percent. The tax relief enacted in 2003 grew Federal revenues by one-
half of a percentage point more than the tax hikes of 1993 in the 4
years following each.
I like to emphasize this because I think that it just--too many
people see it as common sense that if you raise tax rates, you are
going to bring in more revenue; if you lower tax rates, you are going
to bring in less revenue. But I just showed that tax increases under
Clinton did not bring in as much revenue as tax decreases in this
administration. They brought in more revenue. So I would like to
disabuse people of the fact that increasing rates brings in more
revenue and decreasing rates brings in less revenue.
What is also important is that as a percentage of GDP, revenues were
higher in 1997 than they will be this year. In my opinion, they were
too high.
The point that I am making is that the rate of change in revenues as
a percentage of GDP has so far been greater after tax relief than after
a tax hike. I think it is very important, especially for those who
reflexively believe that the only way for the Federal Government to
raise more money is to confiscate more income from taxpayers. Clearly,
that view is false.
To conclude, let me summarize the current budget situation.
Right now, taxes are lower than they would have been under Democratic
rule. I want to make it clear that I am not saying that no Democrats
supported any tax relief. Some Democrats voted for the 2003 tax relief
plan, and many more voted for the 2000 tax relief plan. However, I am
skeptical that a Democratic Congress or White House would have allowed
taxpayers to keep so much of their own money.
The budget deficit is shrinking, and Federal revenues are increasing.
Anyone who finds fault with this situation is determined to do nothing
but simply find fault. They would probably be unable to enjoy a sunny
day because they would constantly be on the lookout for storm clouds
regardless of what the forecast said. There is a problem with debt and
with Federal budget deficits, but tax increases are the wrong way to
approach that problem.
We have a Federal budget deficit because the Federal Government
spends too much money, and the best way to get rid of deficits is to
spend less. Consequently, raising taxes makes the situation worse by
punishing the overall economy and making conditions more difficult for
the economy--the source of Federal revenues--to function efficiently.
We have to remember that our economy supports the Government and not
the other way around. The budget data I have discussed today shows how
we can increase revenues and reduce deficits by removing impediments to
economic efficiency and allowing our economy to flourish.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Salazar.) The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I appreciate everyone's patience. The
Republican leader and I have been doing our best. Sometimes it is tough
to work through the process.
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